Just because the prosecution say it’s true

When The Prosecution alleges a client is in possession of illegal substances there is pressure at court accept that its true.

When our client was arrested, police found a small quantity of white powder in his pocket. Our client who pleaded guilty to other offences always maintained that the powder was not an illegal substance as alleged. The police carried out a “fast track field” test and charged him with possession of cocaine. After he was charged our client still maintained his innocence. We looked at the statements and there was no evidence to prove that the white powder found in our clients pocket was the same white powder that was examined in the field test. The exhibit references were entirely different.

After pleading not guilty, The CPS reviewed the evidence and decided that they could not prove their case and that they should discontinue proceedings.

Defendants are currently being pressurised into pleading guilty and accepting offences that they have not committed. Rewards for guilty pleas and Magistrates stating ” they must have known they did it ” increase the pressure . Furthermore legal aid cuts make it less likely that representation is available for this type of case.

Cases like this show the importance of scrutinising the prosecution case, and challenging whatever evidence they serve. it also demonstrates the importance of legal representatives who will listen to you and not look for the most convenient disposal.