Sophie Evans, instructed by Lewis Brathwaite of Galbraith Branley Solicitors, was successful in persuading the CPS to offer no evidence against her client, charged with assault on an emergency worker and obstructing a constable carrying out a drug search.
The charges arose after the defendant was stopped by plain-clothes police officers, who failed to identify themselves as officers and failed to produce a warrant card. The defendant was told he was being detained for the purposes of a drug search, however, both officers failed to give proper grounds for the search during their interaction with the defendant. The interaction was captured on body worn video.
The officers attempted to place the defendant in handcuffs, at which point the defendant flung his hands out. This prompted the officers to deploy a taser and pava spray before resulting to baton strikes and punches, having taken the view that the defendant was not complying with the search.
Sophie drafted detailed legal submissions, arguing that due to the failure of the officers to comply with section 2(2) and (3) of the Police and Criminal Evidence Act 1984, as well as Code A of the same, that the search was not lawful. As a result of the unlawful search, the force used against the defendant was also not reasonable and neither officer could be properly acting in their functions as an emergency worker.
The submissions were reviewed by the CPS who conceded that there was no realistic prospect of conviction in the case, and no evidence was offered against the defendant.
