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Tom Cowan has secured the acquittal of a police officer following a contested trial at Grimsby Magistrates’ Court.
The defendant (a serving police officer) faced an allegation of using threatening, abusive or insulting words or behaviour with intent that immediate unlawful violence would be used, contrary to section 4 of the Public Order Act 1986.
The incident arose during a night out in Hull city centre. The defendant, who was off duty at the time, had been socialising with friends following a sporting event. In the early hours of the morning, the group attended a local takeaway where one member of the party suffered a serious head injury after falling. While assistance was being provided and emergency services were contacted, a confrontation developed with another group who entered the premises.
Evidence heard during the trial established that threats of serious violence were made towards the defendant and others present. The prosecution alleged that the defendant responded aggressively during the incident.
Through effective cross-examination of a key prosecution witness and careful presentation of the defendant’s evidence, counsel demonstrated that the defendant genuinely believed the threats being made were real and imminent, and that his actions were motivated by a desire to protect himself and those around him. Detailed written submissions were also provided to the court following the conclusion of the evidence.
After retiring to consider its verdict, the court found that the prosecution had failed to prove the necessary intent required for the offence. The defendant was therefore acquitted.
Counsel was instructed by Ben Tighe from Taylor Law solicitors acting on behalf of the defendant.
om Cowan is regularly instructed to represent serving and former police officers in criminal proceedings, misconduct matters and related regulatory cases. For more information about Tom’s expertise or to discuss a potential instruction, please contact the clerking team.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
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