James Holding Secures Further Acquittal of Teaching Assistant Charged with Assaulting Pupil

Following on from his successful acquittal of a teaching assistant charged with s20 grievous bodily harm in June this year, James was instructed to represent another teaching assistant charged with assaulting a pupil.

The prosecution alleged that the teaching assistant had used force that was both unnecessary and unreasonable in the circumstances when they pinned a pupil up against a fence by their upper chest before pushing them off to one side.

The Defendant relied upon s93 Education and Inspections Act 2006 which covers the use of force by staff members in educational settings.

James has significant experience in the application of this legislative provision. He ensures disclosure is sought of the relevant behavioural records and risk assessments in relation to pupils as well as training records and approved handling techniques from the relevant educational establishments. This is to ensure that a jury always have a full picture of the circumstances at trial.

James is a Grade 2 CPS prosecutor and regularly receives instructions to appear in the Crown Court on behalf of the prosecution and defence.

Contact James’ clerks