Case Study: Client's Case "Dropped" Days After Service of Defence Case Statement

What is a Defence Case Statement?

The purpose of a Defence Case Statement is to set out the defendant’s defence in broad terms, to raise issues taken with the prosecution case, and to request any material the defence require but has not yet been served. It is a crucial stage for the Crown Prosecution Service to review the case against the accused, making sure the case still meets the threshold test; both that the evidential and public interest tests are met. Because of the importance and the impact a defence case statement can have on the outcome of your case, it is important to have the highest level of confidence in and relationship with your legal team. 

We examined bank statements; the complainant did not work of her own choice. Our client was the “bread winner” and he would transfer a set amount each month to his wife, carefully ensuring there was enough to make payment of the household bills. His bank statements also shown free reign by the complainant of not only her money but his money. We ticked another box to show no financial control. 

We learnt about the tracking, built into the car by the manufacturer. It was quickly established that at all times the complainant had control over the tracking of the vehicle from her mobile phone app, and when she was in the car. She was able to disable the tracking feature. 

In addition, the complainant also had control over the ring doorbells of the home. She was able to turn the cameras on and off as she pleased. It was the complainant that purchased the cameras, and we were able to show this. 

We gathered defence witness statements from friends and family of our client, some of which were able to give evidence as to their experience of the relationship between our client and the complainant.

Drafting of the Defence Case Statement

Following many weeks of discussions with our client, reviewing evidence and preparing this we provided instructions to our barrister Damian Warburton. Damian would consider the defence material, advise where further information was required and would then prepare the defence statement, setting out the client's position and carefully presenting the defence case in written form. When this was prepared our client was required to sign the document, it was then served on both the court and Crown Prosecution Service. 

During the drafting of the Defence Case Statement we remained in close contact with our client, working as team to ensure accuracy, and that the necessary points were made and made well. 

Within days of the Defence Case Statement being served, we received the decision from the Crown Prosecution Service that no evidence would be offered against our client, in effect the case was being "dropped", and our client would therefore be found not guilty of controlling behaviour. 

The Next Steps

When the CPS offer no evidence and drop their case against the accused a court hearing is required to make this official. Our client has attended court and the judge recorded a verdict of not guilty. We are not proceeding to apply for wasted costs, meaning our client will, if successful, be paid back his legal expenses in part or in full. 

How We Can Help You

Our experienced team specialise in allegations of domestic and sexual abuse, we are preparing cases of varying complexity for trial every day. We have a keen eye for detail, and a passion for justice. Working with some of the country's leading barristers we work as a team, with our client, to achieve the most favourable outcome for our clients.

To begin our approach to your case we will hold a free initial consultation with you, this will allow us to map out a plan for you and will help you to decide that we are the right legal team for you. With many of our cases being no further actioned before charge, or being dropped during court proceedings, we will always aim to ensure any prosecution against you fails.