Using the Pre-charge advice and assistance protocols, Andy diligently and comprehensively built the defence case, taking a multi-faceted approach whilst the matter was still at the investigation stage. Andy was then able to provide the extensive defence evidence obtained to Police, to prevent a prosecution and the necessity for Court proceedings. Having considered the evidence provided by the defence the Police and CPS would take No Further Action against our client and the matter was closed.

As part of an all-encompassing and thorough defence investigation, Andy had taken detailed witness statements from a large number of close family members casting considerable doubt upon the veracity of the claims, including the reliability of the complainant, the motivations of the complainant, including the malign influence of the complainant’s father towards the rest of the family and the lack of opportunity to commit the alleged offences. Andy was also able to utilise psychiatric reports, dealing with the mental health issues of the complainant, medical evidence providing strong evidence that our client was physically incapable of behaving in the manner described by the complainant at the time of the allegations, and historical text messages between the complainant and our client and historical photographs of the scene all of which significantly undermined the complainants account together with other evidence.

At the conclusion of the investigation, and as a result of the evidence obtained and produced by the defence, a review took place and it was decided that there was not a realistic prospect of a conviction, and No Further Action was taken against our client.

The case illustrates the importance of the defence being pro-active during the investigation and when appropriate using the pre-charge advice and engagement protocols. Whilst Andy had attended at the Police interview with his client providing a lengthy and detailed prepared statement to Police, the complexity of the case required significant input from the defence to provide Police with additional significant evidence that pointed away from our client’s guilt which otherwise may not have been obtained at all by Police and would therefore have not been considered when deciding whether to bring charges or not.