Caroline Flack’s team ‘pleaded with courts to reassess charges’

Caroline Flack underwent two risk assessments to find out if her bail conditions of not being allowed to contact her boyfriend could be varied.

The troubled star killed herself at her home in Stoke Newington, East London, on Saturday while awaiting trial for allegedly attacking her partner Lewis Burton.

She had pleaded not guilty to assault by beating at Highbury Corner Magistrates’ Court in North London on December 23 and was due to go on trial at March 4.

Under the Offender Assessment System introduced in 2001, there are two main risks considered – of future re-offending, and of serious harm to themselves or others.

But the court heard how, even though her risk factor had been downgraded from ‘high’ to ‘medium,’ she could not see him until at least after the March appearance. 

At the court in December, prosecutor Katie Weiss said police had lowered the risk level against Mr Burton, but the CPS still opposed removing the bail conditions. 

A ‘medium’ risk level means the offender is unlikely to cause serious harm unless there is a change in circumstances, such as relationship breakdown or drug misuse.

Former CPS chief prosecutor Nazir Afzal said prosecutors could halt proceedings if the risk to the defendant’s health outweighed a public interest in them standing trial.

But Mr Afzal added that they were under pressure to pursue convictions for domestic violence amid concerns that too many prosecutions were dropped.

The former Love Island presenter killed herself just hours after she learned prosecutors had decided to press ahead with the court case, with her trial just over a fortnight away.

CPS lawyers decided to prosecute Miss Flack even after Mr Burton asked police not to proceed. A court was told she hit him over the head with a lamp. 

Known as an ‘evidence-led prosecution’, it would have relied not on his testimony but on material gathered by police such as bodycam footage taken at her home.

Highbury Corner Magistrates’ Court heard that, in the aftermath of the alleged incident, Miss Flack told police ‘I did it’ then warned she would kill herself. 

But Miss Flack’s management company criticised the CPS for pressing ahead with what it called her ‘show trial’ even after Mr Burton said he did not support it.

Lawyers have said prosecutors may have pressed ahead with assault charges against Miss Flack due to high public concern around domestic violence.

Former director of public prosecutions Lord Macdonald said there would generally be ‘a strong presumption’ that bringing charges in any domestic violence case would be in the public interest.

He said: ‘There is a high public interest presumption in favour of prosecution in domestic violence cases because domestic violence is such a common crime and it’s a dangerous crime.

‘We have about 170 or 180 people every year, mainly women, who are killed during domestic violence incidents. There is a huge amount of public concern about these offences.

‘Generally, there would be a strong public interest presumption in favour of prosecuting a domestic violence case where there is enough evidence to do so.’  

Miss Flack’s agent Francis Ridley, of Money Talent Management, said: ‘In recent months Caroline had been under huge pressure because of an ongoing case and potential trial which has been well reported.

‘The Crown Prosecution Service pursued this when they knew not only how very vulnerable Caroline was but also that the alleged victim did not support the prosecution and had disputed the CPS version of events.

‘The CPS should look at themselves today and how they pursued a show trial that was not only without merit but not in the public interest. And ultimately resulted in significant distress to Caroline.’

The CPS is under obligation to investigate all domestic violence incidents if they believe they are in the public interest. 

For years there has been growing concern that too few domestic violence cases end in prosecution.

Many involve women who have been attacked by their husbands who later withdraw their original accusations under duress or because they are simply living in fear.

To try to address this, the CPS introduced reforms in 2014 aimed at greatly increasing prosecution rates.

Sean Joyce, head of criminal justice at Stephensons Solicitors LLP, criticised the CPS over the prosecution for having a ‘one size fits all’ policy.

Ms Flack was banned from speaking to her boyfriend before the trial, and Mr Joyce said that enforced separation can sometimes do more harm than good.

He said: ‘The current CPS approach is too much of a one size fits all policy, it must give greater thought to individual circumstances.

‘The enforced separation between parties, in individual cases, as highlighted here, often prevents reconciliation and can do more harm than good. It’s important that the CPS takes the time to reflect on this.

‘If as a country we want a criminal justice system that provides justice to all parties, including the alleged victims and perpetrators of domestic violence, then it needs to be properly resourced.

‘At the moment, the police, prosecution and courts often don’t have the time or the money to consider properly the complex issues raised by domestic violence.

‘Perversely, this can lead to inappropriate cases proceeding to trial when a robust review at an early stage would have prevented this.’