Conditional Discharge Secured in Indictable-Only Escape Case: Charge Reduced and Assault Allegation Not Pursued

Keira Shaw recently appeared at Preston Crown Court for the Plea and Trial Preparation Hearing of an 18-year-old client facing allegations of Escaping Lawful Custody and Assault by Beating of an Emergency Worker. Keira was instructed by Tim Drugan of FMB Solicitors.

Having researched the law on Escaping Lawful Custody, Keira made representations to the Crown that the facts of this particular case were such that the full, substantive offence of Escape was not made out in law. Following Keira’s representations the Crown reduced the charge from the substantive version of the offence to the attempted version, meaning the client went from being charged with Escaping Lawful Custody to Attempting to Escape Lawful Custody.

During the course of detaining the client, a Police Officer was injured. The client was blamed for those injuries and was charged with assault by beating of an emergency worker. Keira made representations to the Crown that, on the evidence, it could not be said that the client was the direct cause of the injuries suffered by the Police Officer. The injuries were caused during the process of detaining the client, as opposed to the client inflicting a physical assault upon the officer. The Crown did not proceed with a separate charge of assault by beating of an emergency worker.

The client pleaded guilty to attempting to escape lawful custody and received a 12-month conditional discharge. This was an excellent result given that escape (and attempting to escape) lawful custody is a serious offence which is indictable only and can only be dealt with in the Crown Court. It was the client’s first time in the Crown Court, and the outcome meant he was able to retain his liberty.

The case shows the value, even in apparently straightforward matters, of careful analysis of whether the substantive offence is made out in law and of causation on any linked assault allegation. Both can change the position a client faces before plea.

To instruct Keira Shaw, please contact the clerks at Nine Chambers.