Thousands of individuals in England & Wales charged for crimes that they have not committed.

The BBC reports that thousands of individuals in England and Wales who have been charged for crimes that they have not committed, are later found to be acquitted of these crimes. The report confirms that 40% are eventually acquitted – individuals are wrongly convicted and later acquitted, or found not guilty after trial. This establishes a worrying trend where Sir Richard Henriques, a former High Court Judge, highlights that the police who have their own pressures, put forward cases without thorough investigation, such cases that do not satisfy the legal threshold, in a rush to get a conviction.

This statistic raises concerns, as it highlights the falling standards of the police and prosecution and a lack of efficiency in exercising their function. Consequently, their foibles place an unnecessary burden on the courts, one that weighs heavy as they continue to bear the effects of the pandemic. It can be contended that the Crown and police, in a rush to satisfy quotas and vanity metrics, are doing more harm than good. Their failings fall on the thousands of defendants, who shoulder the emotional burden with its destructive consequences on their mental health and relationships, alongside the financial cost of defending themselves against prosecution.

In the current climate, despite being acquitted, these individuals find themselves out of pocket as if their disposable income is greater than £37,500 per year, they do not fall within the scope where Legal Aid can be granted. This is commonly referred to as the ‘Innocent tax’, which captures the macabre fallibility of the current criminal justice system. Those who are not eligible for Legal Aid are responsible for funding their defence, which can be costly if their matter is listed for trial. Even once these individuals are acquitted, the damage to their reputation and character can be too steep to recover from, especially if their offences are ones that are unpalatable to the public.

This highlights the importance for quality representation and solicitors who are proactive in securing the best outcome for their clients, prioritising their needs above all else. As Andrew Ford, Director of Crime at Holborn Adams, keenly states ‘A stitch in time saves nine.’ In a time where the police and prosecution are focussing on metrics, Holborn Adams has its finger on the pulse, providing quality legal advice and focussing on client care, being incentivised to achieve the best result for the client as swiftly as possible.

By using Pre Charge Representation, Adam Rasul the CEO of Holborn Adams, pioneered a way to combat the failings of the criminal justice system and stifle the continued prosecution of cases that resulted in the BBC article. At Holborn Adams, we provide a holistic view of the case, presenting prosecutors with all the evidence, including that which aids the defendant’s interests. As a result of our efforts, we encourage the adoption of a sensible approach to decision-making on whether to proceed with a prosecution. This additional step ensures that cases that proceed to court have met the evidential and public interest factor tests. This service allows cases to be dealt with out of court by way of an out of court disposal or no further action, which secures our client’s best interests and importantly lessens the burden on the court.

I was innocent – but it cost me £500,000 to prove it – BBC News

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