The way forward....?

[Dreyfus]

My nightmare ended last week when the OIC phoned me and told me that I did not need to answer to my bail the next day as the allegation of historical sexual abuse against me had been reviewed by a Inspector and marked NFA.
However, as well as utmost relief my thoughts soon turned to the fact that I now feel that I am the victim.
Here are my thoughts:
I have been arrested, my personal info i.e fingerprints DNA etc. put on PNC file ,imprisoned, bailed.
Members of my family have been questioned and upset.
My immediate thoughts were to try to get my records erased.
I was then that I found this Forum (I wish I had found it months ago).
I have read Threads telling me how difficult it is to get records erased but also that the NFA decision can be appealed by the accusor.
So, after a few days of wrestling with the 'wrongful arrest' and 'victim' scenarios and bearing in mind the accusor's
right of appeal to the NFA decision I am now thinking it may be best for me to let the records stand.
This has a number of effects:
Negative
1. It leaves me still feeling aggrieved.
Positive
1. The feeling will, I hope, pass with time
2. Should there be an appeal the records will show why the NFA decision was made
3. If there are further allegations from the same (unbalanced and vengeful) source the records are there for reference
4. In a way it doesn't matter as I am retired and never likely to need a DBS
I would be grateful for members reactions/advice on these thoughts.

[Casehardened]

Hi and welcome to the forum,
Thanks for posting your tale; another NFA in our statistics is always encouraging and so here are the obligatory bananas:

As to your concerns, I feel myself nodding and agreeing! If it is any help to your decision making process, I believe that, even if you were to get your DNA etc erased from the system, the details of your arrest will remain on the PNC in perpetuity!

[Jerome Goulding]

Removal of DNA, finger prints, photo file and localised intelligence from PNC.

Hi and welcome to the forum,
Thanks for posting your tale; another NFA in our statistics is always encouraging and so here are the obligatory bananas:

As to your concerns, I feel myself nodding and agreeing! If it is any help to your decision making process, I believe that, even if you were to get your DNA etc erased from the system, the details of your arrest will remain on the PNC in perpetuity!

I can only speak from personal experience of dealing (fighting) with two chief constables. The term NFA was only introduced to me by a barrister last year. I was naïve and only understood the tick sheet and letter sent to me by the arresting force. It stated that I had been released from their enquiries, but my details were going to be keep, if any future investigation was to come about. This of course left doubt to my innocence. I challenged the statement with the professional standards of the police force, then went on to challenge my whole arrest and its compliance to PACE regulations. I had already challenged them about some 'intentional' destruction of property, explaining the 'Criminal Damages Act' and asking for the officer who had destroyed my property to be investigated and arrested. I am not sure if they thought I was of a legal background and started to listen. I pursued a series of complaints through the professional standards about officers behaviour. Subsequently two officers were disciplined and one was suspended. With Devon and Cornwall Police I challenged their findings and copied all correspondence into the Home Secretary/Prime Minster/My MP/the Inspectorate of Constabulary for the South West. At this point I did not have an legal aid/solicitor (could not afford)/barrister well beyond my reach.

Two forces were involved I complained that they had failed to follow procedures in adherence to 'complaints procedures' laid down by the IPCC, failed to follow specific guidelines in PACE, had caused me direct mental health issues with considerable suicidal thoughts, through their actions had caused my lose of employment and further more compromised it with the entries on PNC, which would be revealed to any potential employer. Again copying nearly everything to others.

After the first complaint enquiry results were sent to me, the chief constable of North Yorkshire Police wrote to me and stated that in reviewing my complaint he had instructed that all data was to be removed from the PNC, this included DNA, fingerprints, record of arrest and allied details and photograph. I then sent this to the Chief Constable of Devon and Cornwall Police who did the same. I found out six months later that police forces used localised data system, the information contained was not always entered into the PNC, but was available to be shared outside of the PNC. Using the offices of my MP, I asked for this to be removed and confirmation was sent to my MP in January 2015 that all data had been removed.

Just be persistent if you want data removed (or in my case 'bloody annoying!)

[Lucky]

Have you ever thought about bringing a private prosecution against the FA ?

[can it get worse]

Have you ever thought about bringing a private prosecution against the FA ?

I understand from our sol that it is extremely difficult to successfully pursue this and the financial costs are massive.


People who I talk to about our case are gobsmacked how much it costs to defend something that never occurred. And then after being found Not Guilty - we do not receive anything back.

I'm a grumpy old woman with justification.

[Jerome Goulding]

Have you ever thought about bringing a private prosecution against the FA ?

The argument to pursuing actions against a 'false arrest' through the courts, is predicated on having money.

Legal Aid is not available, even to those of us who have no savings left and survive on a very low income of under of under £100 pounds a month that pays for Gas/Electricity and food (having paid full council tax, insurance for the house, mortgage, water, etc, from a total income of £740 per month from my pension and the charity of the state). Thankfully my father pays for some of my food.

Already, my father (who has stuck with me on this one) last year paid a barristers bill of £2500 (+VAT) to explore the pursuing of the police. Because it involves two forces and we can only pursue each Chief Constable, one at a time, it could drag on for years and cost a small fortune. At the end, I have been advised, it would be for very little financial return. It would only resolve to being an adjustment, giving some small public redress to the reputational damage they have done and clear the air about my 'being or not being' involved in any criminal activities. The Home Secretary amended the law about pursuing the Police back in 2013, which only allows for very small pay outs, anyway.

Through 2014 I wrote to 80 barristers, having laid everything down so that we were clear about my objectives, to ask for some pro-bona (philanthropic) help. I even put forward a case for of accepting a 'No win, no fee' and my father being prepared to pay the insurance costs to underwrite this. Although, all were polite in their response, they fell into three strands of rejection. (1) They were overwhelmed by the number of people asking for support (2) My case was very complicated (3) They were strictly pay on the nail - not doing any 'freebee' work.

I also approached three Law professors, in three separate universities. One senior Professor in Criminal Law highlighted the basic position that "It is notoriously difficult to salvage a reputation after an erroneous arrest, and there are few, if any, opportunities for redress." (her words to me) A position which was supported by a former Conservative government minister, describing to me much of the battle I would endure, if I wanted to challenge the Police's actions. He said "You never get any redress with the Police and if you do, it will be insignificant. It is likely to be a massive feat of endurance". This is a plain iniquity and an affront to any natural justice and any fairness.

What became evident, from the Barrister (engaged by my father), was that because I was arrested without evidence and purely on suspicion of committing a serious crime, that we would have to engage a court in the first instance to seize things like police officers note books and any documents from the police (beyond the full custody record which was anonymously sent to me after a police enquiry - you couldn't make it up!). Any information which was an opinion or supposition could not be summited as evidence and is protected by the 'Data Protection Act' (yes that old cookie). So the police could refuse a request from the court. Yet the whole argument for my arrest was predicated on 'supposition' as there was not evidence according to the complaints enquiry 'only intelligence'.

[AmandaF]

This might be a stupid question, but did you appeal to the CPS directly?

[Jerome Goulding]

Joined upservices

This might be a stupid question, but did you appeal to the CPS directly?

In my case the CPS were never involved in my life as I was only accused by the Police and arrested on suspicion, detained, bailed for 3 months and then released from all enquiries.

I did write to Alison Saunders the Director of Public Prosecutions about my plight. She replied and her letter said that it is their 'policy not to get involved with Police Operational matters'. I hope she was referring to my individual case, otherwise I am concerned about the 'joining up' of services.

[AmandaF]

I am going to go down that road- someone somewhere is going to hear me.
I'm too laate to make a complaint so am going for "an appeal for justice".
Even if they, like the police, keep passing the buck, at least I'll have given it a shot and if they don't respond I see it as carte blanche to take whatever action, ie going public or anything else I can think of

[Shah]

Im going to go the whole hog as well.. maybe even public too I mean to take post it notes that mother saw the night before the ABW so you dont forget what you need to say fuxking joke!

[AmandaF]

CPS guidelines state that questions during cross examination should be enough to prompt the complainant to remember- or something like that. So how come 2 of my OH's accusers had to have their statements read to them, in whole?? And it was acceptable?

[Shah]

they can make it up as they go along !!!!!! innocent does not mean anything!!