Represented a vulnerable client with a longstanding history of detention under the Mental Health Act who was arrested on an allegation of attempted murder of his father.
The client was interviewed in custody without a solicitor, despite his vulnerability, and made a number of admissions in the presence of an appropriate adult. Our investigations revealed serious failings by the appropriate adult, including the failure to secure legal representation. We traced the appropriate adult, obtained a statement, and ensured her attendance at court.
At a voir dire, we successfully argued that the interview was fundamentally unfair and should be excluded under section 78 PACE. The Judge accepted our submissions and ruled the entire interview inadmissible.
As a result, the prosecution reduced the charge to section 20, and we agreed a basis of plea of excessive self-defence, leading to a significantly reduced sentence and the client’s early release.