Old Bailey Solicitor Prevails in Possession of Bladed Article Case

In the realm of criminal defence, the stakes are often high. This is especially true for clients charged with repeat offences, where the law is less forgiving and the penalties more severe. Today, we delve into a case that could have led to a minimum sentence of six months’ imprisonment for a young client charged with a second possession of a bladed article offence. However, thanks to the meticulous work of Matthew Bishop who had conduct of the matter, the case was discontinued, saving the client from a life-altering sentence.

Possession of a Bladed Article/Offensive Weapon in a Public Place

Being charged with possession of a bladed article is a serious offence. It is committed where a person is knowingly in physical possession of an offensive weapon and/or bladed article, in a public place, without a ‘reasonable excuse’ or ‘lawful authority’.

A ‘reasonable excuse’ could be where an item was held for educational, work or religious dress purposes. A ‘lawful authority’ could be found in situations where a weapon is carried as a matter of duty, such as a police officer or solider carrying a baton.

The Present Case

Our client virulently denied the offence. The knife was located in his pocket following an altercation in a train station. The Crown Prosecution Service charged the client with Possession of a Bladed Article in a Public Place. The client’s instructions to us were that the knife was not his and must have been placed in his pocket when he was attacked by a group of homeless individuals in the station.

Old Bailey Solicitors conducted a rigorous analysis of the evidence. The client had maintained a consistent account when questioned by police and during police interview, that the knife had been planted on him. It was clear that following a bad-character application by the Crown Prosecution Service to present evidence of his previous conviction for the same offence, his word alone would be insufficient to undermine the prosecution case. The instruction of expert witnesses at Keith Borer Consultants to provide expert reports on the presence of DNA and fingerprints, as well as to analyse, slow down and enhance CCTV to identify the client’s pockets being rummaged in, were vital pieces of evidence to assist the defence case at trial.

Matthew Bishop drafted a Defence Statement that was no mere formality; it was a meticulously researched document that made detailed disclosure requests. These requests were designed to compel the Crown to reveal any evidence that could be favourable to the defence and assist in the preparation of these reports. In essence, the statement served as a powerful tool to challenge the Crown’s case at its very foundation.

The Result – Case Discontinued

The impact of the well-crafted defence statement was immediate and decisive. After reviewing the statement and the disclosure requests, the Crown made the decision to discontinue the case, as they no longer felt there was a ‘realistic prospect of conviction’. This was a monumental victory, not just for the client, but also for the principles of justice and fair representation.

The Client’s Review: A Testament to Professionalism and Competence

The client’s review encapsulates the essence of what makes Old Bailey Solicitors stand out in the field of criminal defence. The client expressed “sincere, heartfelt appreciation and gratitude to Matthew Bishop” and praised him for being “thorough, fair, and transparent” and providing a “highly professional and competent service” in fighting the case.

What’s more, the client highlighted Matthew’s ability to deliver “sometimes complex information in an easily understood form,” a skill that is invaluable in the legal world. This was especially appreciated “on the occasions when I asked, what could have been construed as, pretty silly questions.”  In the client’s words “We cannot thank (Matt) enough for his expertise in securing a very satisfying outcome.”

Highly skilled Criminal Defence Solicitors

This case serves as a compelling example of how a well-crafted defence statement can turn the tide in a criminal case. It also underscores the importance of having a highly skilled and competent legal team on your side. At Old Bailey Solicitors, we are committed to providing a professional, thorough, and transparent service, just as we did in this case.

If you or a loved one are facing criminal charges, don’t leave your future to chance, Old Bailey Solicitors can assist you, feel free to contact us for a non-judgemental, private and confidential discussion about your personal circumstances.