At Eventum Legal, we understand how serious and sensitive these allegations are. This case study demonstrates how careful preparation and strategic defence resulted in the Crown Prosecution Service (CPS) withdrawing charges against our client before trial.
If you have been accused of domestic abuse, physical assault, or coercive behaviour, seeking experienced legal representation early can make a significant difference to the outcome of your case.
Case Overview
Our criminal defence team successfully secured the withdrawal of a prosecution against Client S, who had been charged with:
Assault by Beating — contrary to Section 39 of the Criminal Justice Act 1988
Following detailed preparation by our team, the CPS offered no evidence in court, and the court ordered reimbursement of our client’s legal costs.
Background to the Case
Client S was charged before instructing Eventum Legal. Once instructed, the matter was handled by Trainee Solicitor Jenna Downey, whose thorough and methodical approach proved pivotal.
At the time of his arrest:
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Client S and his spouse were undergoing divorce proceedings
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Police attended the family home following reports from a third party and the complainant
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It was alleged he had grabbed the complainant and pushed her onto a bed, causing minor injury
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A child was reportedly present in the property — a factor that can aggravate allegations of this nature
Allegations arising during separation or family proceedings are not uncommon, and such cases often require careful examination of the wider context and relationship history.
Understanding the Allegation
What is Assault by Beating?
Under UK law, assault by beating (commonly referred to as battery):
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Falls under Section 39 of the Criminal Justice Act 1988
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Occurs when unlawful physical force is intentionally or recklessly applied
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Does not require serious injury
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Is usually tried in the Magistrates’ Court
Despite being a summary offence, a conviction can carry serious consequences including criminal record implications, employment impact, and reputational harm.
Evidence Relied Upon by the CPS
The prosecution’s case relied on:
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Police body-worn camera footage
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Photographs of alleged injury
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Client S’s police interview
Notably:
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The complainant declined to provide a formal statement
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They did not engage further in supporting the prosecution
Can a Case Proceed Without a Complainant’s Statement?
Yes — and it did initially in this case.
The CPS can pursue what is often referred to as a “victimless prosecution”, meaning proceedings may continue even if a complainant withdraws support. Decisions are based on:
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Available independent evidence
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The Code for Crown Prosecutors evidential test
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Public interest considerations
This approach is particularly common in domestic abuse cases, where withdrawal of support may be linked to vulnerability or pressure.
How Eventum Legal Prepared the Defence
When Client S instructed us, he faced severe distress and potential consequences affecting his livelihood and reputation. Our approach focused on meticulous case building:
Evidence Review
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Obtained and analysed Initial Disclosure of the Prosecution Case (IDPC)
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Reviewed all prosecution materials with the client
Client Background Investigation
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Took detailed personal and relationship history
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Examined divorce context and prior incidents
Defence Evidence Gathering
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Collected photographs of injuries sustained by Client S
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Documented previous reports he made to police
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Built evidence indicating he had experienced abuse and control
Legal Representations to the CPS
We made detailed submissions highlighting:
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Weaknesses in the evidential test
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Public interest considerations
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The absence of complainant support
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Defence evidence contradicting prosecution narrative
This proactive engagement prompted reconsideration of the case.
Court Outcome
At the first hearing at Birmingham Magistrates’ Court:
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The CPS were invited to review the case
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Within 5 days, they offered no evidence
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Proceedings were formally withdrawn
We then secured a Wasted Costs Order, enabling recovery of some or all of our client’s legal fees.
How Eventum Legal Can Help if You Are Accused of Domestic Abuse
We regularly assist clients facing allegations including:
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Assault or physical violence
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Controlling or coercive behaviour
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Domestic-related criminal charges
Our approach prioritises:
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Understanding the full context of your situation
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Strategic defence planning
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Thorough evidence gathering
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Protecting your rights, livelihood, and reputation
We recognise that allegations often arise in complex emotional and legal circumstances, including relationship breakdowns and family proceedings. Our role is to ensure your voice is heard and your defence properly advanced.
Speak to a Lawyer Today
If you have been accused of domestic abuse or assault, early legal advice is crucial.
Eventum Legal offers a free initial consultation to discuss your situation confidentially and outline possible next steps.
Contact our team today to find out how we can support you.