Maria Munir secures the withdrawal of breach proceedings in the Crown Court for extremely vulnerable client who faced custody
Maria’s client, CP, had extensive physical and mental health conditions, which were persistently used against her in a lifetime of abuse and trauma. CP had previously pleaded guilty to an underlying offence of Arson (criminal damage by fire) at a petrol station and received a suspended sentence order (“SSO”). Just six days before the SSO expired, CP was summoned for breaches beginning five months earlier, alleging an almost complete failure to comply with the Rehabilitation Activity Requirement (“RAR”) and unpaid work. Probation knew of CP’s personal challenges but insisted on recommending full activation of the nine-month custodial sentence. Maria and Ella secured adjournments when it proved difficult to obtain crucial medical evidence and expert evidence on fitness.
In thorough written submissions calling for the proceedings to be withdrawn, Maria scrutinised whether Probation had appropriately exercised their discretion to bring proceedings. Maria argued that the ‘Reset’ policy, where RAR days stopped two-thirds of the way through the SSO, limited the enforcement of some breaches. Maria challenged whether a trauma-informed approach was properly taken by the Responsible Officer. CP had a reasonable excuse: she had been unfit to work for a significant period, including hospitalisation for a traumatic injury, but her needs were ignored. At an adjourned hearing, Maria drew Probation’s attention to the written submissions and persuaded them to review in light of their considerably weakened case; the Responsible Officer was now unavailable for any future hearings or cross-examination for reasons which supported CP’s account.
Within a week of Maria’s submissions first being served, and before the expert evidence was even provided, Probation decided it was against the public interest to proceed. With the summons finally withdrawn, CP can begin to recover after an avoidably arduous prosecution.
Maria Munir was instructed and ably assisted by Ella Ferriter of Hodge Jones & Allen in the breach proceedings.
