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Prosecution of vulnerable adult discontinued

ML, a vulnerable adult living in supported accommodation, was charged with two counts of assault and criminal damage. The allegations were made by his carers. It was alleged that he had repeatedly headbutted one complainant, and punched the other, before throwing various items including a microwave around, causing significant damage to his room. The defence commissioned two expert reports, as well as examining ML’s full medical and behavioural history. The expert reports concluded that the defence of automatism would be available to ML, owing to the combined effect of a number of his conditions in addition with dissociative disorder.

Representations were served by the defence on both the evidential and public interest limbs of the test at the earliest stage, with supplementary documentation provided to support these. Following review of the representations, the CPS elected to discontinue the prosecution against ML, bringing proceedings to an end without the need for a trial hearing.

Violet Smart was instructed by Fiona Saunderson of Tosswill & Co Solicitors.