Ann Tayo, instructed by Cotisens Solicitors, secured justice for a care worker that had been wrongly advised to plead guilty.
The defendant, a junior care worker with just three months’ experience and minimal training, had initially pleaded guilty to an offence of ill-treatment/wilful neglect of an elderly resident, contrary to section 20 of the Criminal Justice and Courts Act 2015.
Despite entering a guilty plea and providing a basis of plea, she remained deeply uncomfortable that she had admitted an offence she did not believe she had committed.
Following a transfer of legal aid, Cotisens Solicitors instructed Ann Tayo to apply to vacate the guilty plea.
Ann successfully argued that the defendant’s basis of plea disclosed a defence in law, rendering the guilty plea equivocal. The court agreed that, in the interests of justice, the plea should be vacated.
Yesterday, following guilty pleas from two more senior members of staff accepting responsibility for their own roles, the prosecution offered no evidence against Ann’s client. The defendant was formally acquitted, and the court granted a Defence Costs Order.
An excellent result demonstrating the importance of careful legal advice, recognising an equivocal plea, and ensuring that justice is ultimately achieved.
Ann’s full profile: https://greatjames.co.uk/members/ann-tayo/
To instruct Ann, please contact the clerking team at clerks@greatjames.co.uk or on 0207 440 4949.