Prosecution Offer No Evidence for Theft - Suspended Sentence for “flagrant” breach of a Criminal Behaviour Order

Our client was charged with Theft after police operating a live-feed CCTV camera in Soho observed him near the scene of a phone theft. Upon arrest, the police discovered our client was also in breach of a Criminal Behaviour Order (CBO) which forbade him from entering the West End. Our client pleaded guilty to breaching the CBO, but not guilty to the phone theft. The matter was sent to Southwark Crown Court for trial.

The Prosecution had served the CCTV, we examined the video frame-by-frame and determined that our client had not touched the phone and played no role in the theft. We submitted a letter of representations to the prosecution shortly after the first hearing in the Crown Court, and within a week they offered no evidence on the Theft charge.

Our client was sentenced for breaching the CBO on 8 October 2024. There was a risk that the Court would activate a Suspended Sentence Order that our client had not completed all the work for. As such, we put together a comprehensive mitigation package demonstrating to the Court that our client was the primary carer for his semi-paralysed older brother and has applied to begin an undergraduate degree. Subsequently, despite the Judge characterising the breach as “flagrant” and “serious", our client was given a Suspended Sentence and his previous SSO was not activated.

Lorena Lowen acted in this case, assisted by Hugo Cheema-Grubb. Abbey Robertson of 2 Bedford Row Chambers was the barrister instructed.