Writing written Representations to the CPS for Common Assault cases:West London
Facing a charge of common assault can be a daunting experience, particularly if it occurs in a bustling and diverse area like West London. However, those arrested for such offences have the opportunity to make written representations to the Crown Prosecution Service (CPS) as part of their legal defence strategy. This blog provides a comprehensive guide to understanding and crafting effective written representations to the CPS for common assault charges.
What Are Written Representations?
Written representations are formal documents submitted to the CPS to influence their decision on whether to proceed with prosecution. These representations outline why charges should not be pursued, using legal arguments, evidence, and mitigating factors to build a persuasive case. Written representations are often crucial in persuading the CPS to discontinue a case before it goes to court.
Why Write to the CPS?
The CPS evaluates cases based on the Full Code Test, which considers:
1. Evidential Sufficiency: Is there enough evidence for a realistic prospect of conviction?
2. Public Interest: Is prosecuting the case in the public interest?
If either of these criteria is not met, the CPS may decide to drop the charges. Written representations provide an opportunity to challenge the evidence or highlight reasons why prosecution is unnecessary or inappropriate.
Steps to Writing Effective Representations:
Understand the Case Against You
Before writing to the CPS, it is vital to obtain and review all evidence, including witness statements, CCTV footage, and police records. Work with a solicitor to identify weaknesses in the prosecution’s case or evidence that supports your defence.
Structure Your Representations
A clear, concise structure is essential for making a compelling argument. Your document should include:
- Introduction: State your name, case reference number, and the purpose of the representation.
- Case Summary: Provide a brief overview of the alleged incident and the charges against you.
- Legal Arguments: Highlight why the evidential or public interest tests are not met, referencing specific legal principles or case law where applicable.
- Mitigating Factors: Explain circumstances that reduce culpability, such as self-defence or provocation.
- Supporting Evidence: Attach relevant evidence, such as medical records, character references, or witness statements.
- Conclusion: Summarize your points and request that the CPS discontinue the case.
Challenge the Evidence
If the prosecution’s evidence is weak, make this the focus of your argument. For example:
- Highlight inconsistencies in witness statements.
- Point out a lack of corroborating evidence, such as CCTV footage.
- Emphasize errors in police procedures, such as an unlawful arrest or breaches of interview protocols.
Focus on Public Interest
Even if there is sufficient evidence, the CPS may decide not to prosecute if it’s not in the public interest. Consider:
- The minor nature of the alleged assault.
- Any apology or attempts to reconcile with the alleged victim.
- The impact of prosecution on your family, employment, or mental health.
- Evidence of rehabilitation or community service involvement.
Be Professional and Concise
Avoid emotional language or unnecessary details. Use clear, professional language and keep your representations focused on the facts and legal arguments.
Seek Legal Advice
A solicitor experienced in criminal defence can draft or review your written representations, ensuring they are accurate, persuasive, and in line with legal standards.
When to Submit Written Representations
Timing is critical. Written representations should be submitted as soon as possible after arrest and before the CPS makes a charging decision. Delays may reduce their effectiveness or result in missed opportunities to influence the case outcome.
Possible Outcomes
Effective written representations can lead to:
No Further Action (NFA): The CPS decides not to proceed with the case.
Reduced Charges: The CPS may agree to pursue a lesser offence.
Diversion: The case may be resolved through a caution or restorative justice program.
Conclusion
Written representations are a powerful tool for those arrested for common assault in West London to challenge charges and avoid prosecution. By understanding the process, presenting strong arguments, and seeking professional advice, you can significantly improve your chances of a favourable outcome. If you need assistance with written representations or legal defence, contact an experienced solicitor to guide you through the process.
