Medical profession acquitted of assault allegation

Medical profession acquitted of assault allegation

 

 

Mr CJ is a medical professional who worked on a mental health unit in West London. He was accused of assaulting a patient by punching him twice in the head during the course of his employment. He was charged under s39 of the Criminal Justice Act 1988. 

 

CJ was arrested by the Police and charged with assault in respect of the incident which was caught on CCTV within the hospital. CJ sought the assistance of Criminal defence Barrister Quentin Hunt.

 

CJ alleged self-defence and claimed that he was defending himself from the patient at the time. The matter came before the Court for a preliminary hearing and during the hearing Quentin highlighted the problems with the prosecution case, provoking adverse comments towards the prosecution from the Court.

 

On the back of this, Quentin wrote a detailed letter of representation to the Crown Prosecution Service outlining why the case against CJ was bound to fail due to evidential insufficiency. In the correspondence Quentin also addressed the tests within the code for crown prosecutors and highlighted that it was not in the public interest to continue the case. Quentin also followed up the correspondence with telephone calls with the relevant CPS lawyer in an attempt to pressure the CPS into discontinuing the case. Quentin drafted a detailed Defence Case Statement on behalf of his client which outlined the deficiencies of the prosecution case and the strength of the defence. This was accompanied by detailed disclosure requests for materials that would undermine the prosecution case and assist the defence, pursuant to the Criminal Procedures and Investigations Act 1996.

 

Shortly before the trial date, Quentin received correspondence from the prosecution stating that they were to discontinue the case against CJ due to evidential insufficiency. The case against CJ was dropped and his legal costs were applied for.

 

CJ’s career had been in jeopardy, and he had been suspended from his work for the period of the investigation. He was delighted to be able to carry on in his chosen career without facing criminal charges.

 

Quentin Hunt is a criminal Barrister who specialises in representing professionals whose whole careers may be in jeopardy should they be convicted of a criminal offence. Quentin is a specialist in submitting pre-trial representations on behalf of his clients to try to ensure that they never have to undergo the risky prospect of a criminal trial. If you find yourself facing prosecution and require assistance you may contact Quentin for a free, no obligation conversation about your case.