This case was an appeal against conviction before Isleworth Crown Court for a client who had been convicted in the magistrates’ court of assaulting a police officer. The client’s defence was that he had not committed the offence because the police officer had arrested him unlawfully when the alleged assault took place.
Charlotte Precious represented the client for his re-trial before HHJ Molyneaux and two lay magistrates at Isleworth Crown Court. Charlotte made a half-time submission following the closing of the prosecution case on a very fine technical point of law. She argued that on the evidence of the police officer there was no evidence to show that the officer had an intention to arrest the client when he initially restrained him. Charlotte also cited relevant case law that supported her argument and showed that without an intention to arrest the police officer was acting unlawfully and outside of his powers.
The court agreed with Charlotte’s submissions and the appeal against conviction was successful. The conviction from the magistrates’ court was overturned and the client was formally acquitted of the allegation.