Our client, a 76-year-old man with serious health conditions including Alzheimer’s disease and a heart condition, was charged with assaulting an emergency worker following a forced eviction. This case highlights how expert legal representation led to the charge being dropped before trial, with the CPS confirming there was no public interest in prosecution.
Assault on an emergency worker allegation following eviction
Bailiffs attended our client’s home to carry out an eviction. Earlier that day, he had spoken with his solicitor and had an active appeal in progress. Acting on legal advice, he did not open the door.
Police officers were called to the scene and forcibly entered the property. As the door was broken down, our client—who was standing behind it—was knocked to the ground. He sustained serious injuries, including the loss of three teeth and extensive bruising.
In pain and distress, the 76-year-old used his walking stick to defend himself and create space from the officers. Despite his age and vulnerability, he was arrested and charged with assaulting an emergency worker. He was taken to hospital before being placed in custody and later required to attend Westminster Magistrates’ Court.
Legal defence: Self-defence and no public interest
Mia Twomey represented the client and promptly submitted detailed representations to the CPS. These set out that the client had suffered the most significant injuries, that his actions amounted to self-defence, and that prosecuting a vulnerable elderly man with serious medical conditions was not in the public interest.
When the CPS failed to engage, Mia took a proactive and determined approach to trial preparation. She obtained a detailed witness statement from the client’s carer, secured comprehensive medical evidence, and repeatedly pursued disclosure and unused material.
Mia’s persistence, attention to detail, and client-focused approach were central to the defence. She spent considerable time supporting the client, ensuring he understood the proceedings despite his Alzheimer’s diagnosis, and providing reassurance during a highly distressing period.
This was a deeply distressing case involving a vulnerable 76-year-old man who had already suffered significant injury. It was clear from the outset that he had acted in self-defence, and that pursuing a prosecution was neither proportionate nor in the public interest. Despite the lack of engagement from the CPS, we continued to push the case forward and prepare thoroughly for trial. I am pleased that the right decision was ultimately made to discontinue proceedings.”
Outcome: CPS discontinues assault charge
Shortly before trial, the CPS reviewed the defence representations and discontinued the case. The prosecution confirmed that there was no public interest in proceeding with the charge of assaulting an emergency worker.
Following the outcome, the case has been referred to Actions Against the Police due to concerns about the conduct of officers and procedural failures during the incident.
Why choose our Criminal Defence Solicitors?
This case demonstrates the importance of instructing experienced criminal defence solicitors in assault on an emergency worker cases, particularly where self-defence, vulnerability, and public interest are key issues. Our team, as shown by Mia’s handling of this case, is committed to protecting clients’ rights, challenging weak prosecutions, and achieving the best possible outcome.
Contact our Criminal Defence Team
If you have been accused of assaulting an emergency worker or require urgent legal advice following an arrest, our specialist criminal defence solicitors can help. Contact us today for expert representation and support.
