- Failure of Service Identified
- Client Released Directly from Court Cells
A client was arrested for an alleged breach of a Domestic Violence Protection Order (DVPO), spending the night in police custody before being brought to the Magistrates’ Court.
MC Solicitors examined the case and identified a fundamental issue: the Order had not been served on the client.
The defence immediately raised this deficiency through representations challenging the alleged breach and the continuation of proceedings.
The matter was dismissed without the client having to enter the courtroom. The client was released directly from the court cells.
What began with an overnight detention ended in release without a courtroom appearance, illustrating the importance of identifying material procedural issues at the earliest opportunity.
Every criminal case depends upon its individual facts. Previous case outcomes do not guarantee the outcome of another case.