At all material times, my client, Benjamin was under investigation by the Metropolitan Police.
On an unknown date, the CPS authorised five charges be brought against Benjamin and a summons was prepared requiring his attendance at his local Magistrates’ Court on the 9 November 2023.
At 14.19 on 9 November, the Officer in charge sent an email to the Magistrates’ Court advising that my client had not been notified he was required to attend Court on 9 November 2023 “as the PCR was not served due to error in the correct system”. The Officer in charge therefore requested that “a new first hearing date be created and (my client) not be circulated for arrest as he was not aware of the date and did not fail to appear”.
As it happens at 12.58 that same day, the Court had already issued a warrant, without bail, for Benjamin’s arrest given his failure to attend Court.
In response to the Officer’s email, at 15.17, the Legal Advisor in Court withdrew the warrant issued earlier that day and adjourned the case to 23 November 2024.
The Court’s withdrawal of the warrant would have generated an automatic notification to the Metropolitan Police informing them that the warrant was no longer live. In that situation, the police were then responsible for removing the warrant marker from the Police National Computer (the PNC).
At some point on 9 November 2023, the Officer in charge called my client to confirm that the CPS had authorised charges and that he would be receiving a postal summons requiring his attendance at the Magistrates’ Court on 23 November 2023.
The Officer in charge also emailed my client’s solicitor at 16.18 with a similar update and attached a postal summons requiring Benjamin’s attendance at Court on 23 November 2023. My client subsequently received that same postal summons that stated he was obliged to attend Court on 23 November 2023.
The Officer in charge did not advise either my client or his solicitor of her failure to serve the original Summons requiring my client’s attendance at Court on 9 November 2023 and crucially, failed to ensure that the warrant marker was removed from the PNC.
On the evening of 10 November 2023 my client received a call from his mother who advised that Police Officers had attended the family home looking to arrest him in respect of an outstanding warrant for failing to attend Court on 9 November 2023.
Benjamin spoke to one of the officers and explained that he had received a summons to attend Court on 23 November and not 9 November 2023 and advised of his present whereabouts.
Those same Police Officers then attended Benjamin’s home address and arrested him for failing to attend Court on 9 November 2023.
Benjamin was then conveyed to his nearest Police Station where he was searched and stripped of his personal possessions. His representations that there had been a mistake were ignored and he was informed he would be kept in custody overnight.
Benjamin was then incarcerated in a cell and kept overnight. He slept poorly.
The following morning, Benjamin was transported (in handcuffs) to Court. After several hours of waiting, he was produced before the Court and bailed to return to Court on 23 November 2023.
Benjamin was finally released at approximately 13.00 having been in custody for approximately 17 hours.
On Benjamin’s behalf, I brought a claim against the Metropolitan Police. Following the institution of Court proceedings, I am pleased to report that my client’s claim settled for £6,500 plus his legal costs.
My client’s name has been changed.
