Endlessly on extended bail.

[Heldor]

Can anybody help me with understanding how the CPS works ?
I have had my bail extended again and again because they say the pandemic has held things up. They’ve told me that everything else has come back ( devices etc) and they don’t need to interview me again. However the CPS have advised that they wish to see third party material before making a decision. Again the pandemic has prevented local authorities from disclosing.
I’ve done all I can to prove that the allegation is malicious and has a motive to reverse a child custody decision that was ruled in my favour. There is no evidence because it’s never happened.

[Peter1975]

Sounds to me like they are just making sure all of their boxes are ticked.

It could be a while yet if they are waiting for SS, CAFCASS, Family court materials etc.

Hang in there.

[Heldor]

Thanks. In your experience , can you be charged with no other evidence other than someone’s accusation. No medical evidence , nothing found on phones and even if someone went out of their way to get a polygraph test from a company that the police use. ?

[Heldor]

Update:
Police have reviewed my bail and changed to released under investigation. Fact finding hearing not until summer. CPS want third party material before making a charging decision. This is utter torture and I’ve even been told that there’s no evidence other than the allegation itself. Of course there’s no evidence because it’s a bloody lie !
why is this taking so long !?!

[YearsOfHell]

Wow, I remember this waiting so well. It’s absolutely torture! Hang in there. If they had a good case against you then you would be been charged by now, even with a pandemic!
Hold on to your knowing you’re innocent.
Try and keep busy in the meantime.
If, and it’s a big IF, they do decide to charge you then you will need all your strength to fight it.
Keep as much evidence as you can to support your side of the story and keep your head down.
It’s not going to be easy but you will get through it.
Big hugs
YoH

[Heldor]

Thank you.
I can’t believe after all the proof that I have provided to the police that they are just keeping me hanging in limbo. I have provided emails from previous social workers noting parental alienation by the mother as my children used adult language and tales about going to the court. Nobody acted on our concerns and now the social services or cafcass. Have acknowledged these reports.
I had a 50/50 custody arrangement which prevented her from moving away from the area. With her previous activities and dealings with the police and social services , only such a scenario like this could have allowed her to move the kids 100’s of miles away and give her full custody ( at least until we end up in family court) .
I can’t believe how corrupt this country is to allow this to happen.

[Casehardened]

It's long been the case that family court proceedings only start after any criminal court proceedings are determined; viewed dispassionately this makes perfect sense as any conviction would affect the outcome.

Of course in your case where the accusation is false and so criminal court proceedings are unlikely to take place this system is just leading to aggravating delays.

(In my minds eye I'm visualising a forum somewhere advising members on the best way of prolonging/winning custody battles and suggesting exactly what you're facing!)

[Heldor]

It’s been 15 months and the police have told me that the cps need to see third party material that the council have since withheld due to lockdown.
Doesn’t make sense . And the family court simply don’t care where the police are at. I have had my final hearing put back to January.

[Peter1975]

I'm sorry to hear this. I would suggest that you could try raising a complaint with the local authority and perhaps try to enlist the aid of your local MP in order to speed things up if possible but I'm afraid that it's probably just a case of holding on in there.

[Heldor]

Hiya,
thanks for your response guys. Appreciate it and I know ultimately I have to wait it out. I suppose I’m just asking what was the more likely outcome of a police investigation based on your experiences.
I have a really good barrister for the family court who echoed your sentiments. It’s just the more records they disclose , the more weight it adds to what my ex has been up to in setting all this up. And since then there’s been no “will or effort” to get to the bottom of it all from either the police or the social workers/ Cafcass.
I’ve spent so much on the family court , and a criminal court would finish me off financially. All for something that’s been currently torn to shreds by the family court.
Thanks guys

[Peter1975]

Statistically, the most likely outcome for any sexual allegation is for the police to close the case with no further action and I would say where there is an ongoing family court dispute the chances of charges being laid are even less. That's not a guarantee unfortunately but there is never a reason to give up hope.

BTW, unless you have a disposable income of more than 37k p/a, you will qualify for legal aid should you be charged so don't worry too much about that.

[Heldor]

Hiya,
still no news but I called the Police today for an update and spoke to someone unfamiliar with my case. They gave me the usual update saying “waiting for third party “ evidence to be reviewed via the computer.
But I put it to them the fact that I have a final hearing booked at the family court very soon and how could they come to a decision that there’s no case to answer while a police investigation is still ongoing 2 years on ?
They said it may be adjourned until the police investigation is completed.
Im so angry, this cannot be right !?
The police said they “couldn’t justify my Bail” after 8 months but this process is jeopardising the progress of the family court.
No question just a rant really. I’m being utterly tortured and the cruel irony is that in all this time my kids are residing with the person that continues to alienate and coach them undeterred.

[Youngscared]

Hang in there, ive been on bail or ‘released under investigation’ for 4 and a half years.
its not a short process whatsoever

[Heldor]

No update as such.
Investigation now into its third year.
Family Court date keeps getting put back and I am convinced that the Police just want to sit on this until the outcome of the family court is completed.
It’s getting more and more obvious by my ex’s actions that she doesn’t want my kids being cross examined and as for CAFCASS and Social services , they can’t defend recent disclosures and are actively trying to redact their own records much to the dislike of the family court.
It’s like they have finally realised that they’ve been duped but would rather not admit it and just carry on with their original narrative whilst choosing not to comment on recent disclosures that ask very difficult questions that my ex cannot answer.
They are so corrupt and they’re not thinking of the kids at all rather saving their own skins.

[Casehardened]

Sorry to hear that you're still in limbo and contrary to my post earlier in this thread I'm now wondering if you are correct about the police waiting on the outcome of the family court hearing; it is certainly an easy option for 'kicking the ball down the road' when they have lots of pressure on their resources.

Youngscared is also still waiting for an outcome and I'm remembering that in a previous pre-covid era, to be on bail/under investigation for more than a year was highly unusual.

The problem is that it's almost impossible to move on with this hanging over you