Leicester: Teen with learning difficulties was wrongly convicted

The original case was heard at Leicester Crown Court

A man who admitted robbery and other offences has had his convictions quashed after it was ruled he had a "limited understanding".

Concerns were raised over the cognitive abilities of the then-teenager before he pleaded guilty at Leicester Crown Court in 2020.

But it was only ahead of sentencing a psychologist said he had a "very low IQ", indicating a learning disability.

The convictions have now been deemed unsafe.

A Court of Appeal judgment, published on 27 March, outlines the "profoundly dispiriting" case.

The man, now in his 20s, was 16 years old at the time and had been diagnosed with autism as a child.

He was charged following alleged shoplifting incidents in February and March 2020.

He was also accused of kicking a sales assistant, and when he appeared in court in April questions were raised about his "ability to form a criminal intent", fitness to plead and possible exploitation.

'Taken by surprise'

According to court documents, the matter was "to be determined at the crown court should the defence instruct a psychiatrist to assess [his] fitness to plead".

His solicitor instructed the defence counsel to seek an adjournment to obtain reports - but the charges were put to him during a plea and trial preparation hearing on 26 April 2020.

He admitted 12 offences, including robbery and having an offensive weapon, over the alleged shoplifting.

Both the prosecution and defence said the guilty pleas had taken them by surprise.

Afterwards, a local authority representative expressed concerns about his fitness to plead, saying he lacked an "age-appropriate understanding".

Ahead of sentencing, a psychological assessment found he had a "limited understanding of himself and the world around him".

It also said he would need an intermediary if required to give evidence and said "his appearance in court should be avoided if possible".

He was subsequently handed a 12-month youth rehabilitation order with a 12-month supervision requirement.

Convictions unsafe

The teenager was arrested over further alleged offences in March 2021 and was represented by a different solicitors firm.

His new solicitor was worried about his mental and cognitive abilities and commissioned reports from forensic psychiatrists.

As part of the process he was asked to explain the meaning of "guilty" and said it "means you're not afraid".

The psychiatrists concluded he was unfit to plead, and the court ordered an absolute discharge.

He faced further proceedings in early 2022 after he was arrested on suspicion of assault occasioning actual bodily harm and several assaults on a police officer.

A judge at Nottingham Crown Court found him unfit to plead, and he was given a hospital order in November 2023.

Meanwhile, his solicitors submitted an appeal against the earlier convictions on the grounds that he "was unfit to plead when he pleaded guilty to the offences".

The Court of Appeal ruled that the convictions were unsafe.

The judgment said: "This case should never have reached the point of sentence, still less this court."

The Crown Prosecution Service will not seek a retrial.

"A retrial would require the matter to go back to the crown court," the judgment explains.

"There would be a hearing on the appellant's fitness to plead. We are confident that he would, again, be found unfit to plead given the enduring nature of his difficulties."