R v B & B: RMC 2015
The defendants were charged with burglary dwelling. The CPS discontinued the case days before trial as the forensic evidence it intended to rely upon was not ready. H & H advised our clients that the cps could revive the case once the forensic was available. The only way to do this would be to reject the cps discontinuance and ask the court to revive the case. As a result, at trial, H & H argued that as there was no further evidence since the decision to discontinue was taken, the court could not be certain that the cps had proved it’s case. The case was dismissed and the defendants acquitted and cannot be re-tried, even if the cps get forensic evidence.