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

Accused of controlling behaviour, the case against our client was “dropped” days after our service of his defence case statement. Working alongside criminal barrister Damian Warburton of Square 17 chambers, our team carefully prepared our client’s case so that it could be presented in the strongest possible way. Gathering defence material, holding meetings with our client and understanding his personal circumstances and background was essential in order get the prosecution stopped in its tracks. The time that our team spend with our clients is what sets us aside, and paves the way for our successful results.

Our client instructed us after his first appearance at the Magistrates Court, where a plea of not guilty to the offence of engaging in controlling and coercive behaviour contrary to section section 76 of the Serious Crime Act 2015 was alleged by his now ex-wife. From our initial conversation the client was clear in his defence and his instructions to us, he understandably did not want his case to get to trial and we assured him that we would do our upmost to get the desired result.

By way of background our client and the complainant had been married for many years, they shared a daughter who was 12 years old, and our client had a son from a previous relationship, he was 22 years old.

The allegations consisted of a mix of controlling behaviour from tracking movements, controlling what the complainant could and couldn’t eat, who she could see, and what time she woke up in the morning amongst financial control and control over use of household appliances. The prosecution’s evidence consisted of witness statements and mobile phone recordings.

First Appearance at the Crown Court

At the Plea and Trial Preparation Hearing (PTPH), our client re-entered his not guilty plea. The judge set a date for trial and stage dates for both the defence and prosecution to work towards when preparing the case for trial. An important stage for the defence in this preparation process is stage 2; preparation and service of our client’s 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.

Photos of lady justice holding scales and sword

What We Did to Prepare For the Defence Case Statement

We carefully considered the evidence in the case, we spent many hours discussing the evidence with our client, and gathering defence evidence to disprove each allegation made. We also went further to prove elements of control from the complainant towards our client, and also areas where her character and credibility came into question. We took a step by step approach to undermine and disprove each allegation made, supporting this with defence evidence.

Our client’s mobile phone had been seized by the police as part of their investigation but nothing from it was used as evidence against our client. We secured the return of the phone back as soon as possible, as there was material on there which assisted the defence.

We extracted the text message thread between our client and the complainant and carefully examined its content; from photographs to texts we were able to show that the complainant had much more freedom that she had suggested to the police. With her enjoying weekends away with friends, festivals and nights out it was clear that her movements were not controlled.

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.

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What To Expect At A Pre-Trial Review

By Jessica Wilson • April 22, 2025

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.