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Hi, opinions please.....
Basically, a allegation was made against around 2 years ago from when I was below the age of 14, this is from the mid 1980’s when Doli Incapax was applicable, basically back in those days the police/legal had to rebut Doli Incapax as a child under 14 was deemed incapable of forming the intent to commit a crime especially by reason of age...................
I was arrested, bailed, and then 6 months later the police charged me, as we all will know it is the CPS who makes that choice.
The situation progressed through county court into crown court, then my wonderful solicitor and amazing barrister put together an abuse of process argument (doli incapx etc), we won, Yay
But the fact is, because Doli Incapax was never rebutted in the first place, charges should not have been brought and I should not have had to spend over a year going to various courts, not to mention all the serious stress and worry this caused me in the mean time.
I have come to the conclusion that if the CPS was a doctor and they had prescribed me a course of medicine, incorrectly after medical examination and I was to suffer from this medicine for over 12 months, then I would have a case for malpractice.
I also feel as if my human rights have been abused.
I have an arrest on my record that will cause serious issues when travelling to certain countries
If I ever need a CRB / Enhanced CRB check a major red flag will show up.
The thing in my case because it was a allegation from over 27 years ago , nothing could change , my state of mind (important for rebutting Doli Incapax) could not proven / shown , I denied the allegation , the evidence was already crystallized , the CPS evidence for rebutting Doli Incapax simply was not there in the first place.
My solicitor has stated that criminal charges should never of been brought because Doli Incapax had not been rebutted , but he is more of the mind of “try and move on and enjoy your life” which are indeed wise words and perhaps the same words I might offer to person who has been through a bad situation.
But I cannot help feel I have had to suffer massively for a false allegation and also by the fact legally charges should never of been brought in the first place.
I am feeling the need to deal with this in a legal fashion, but am I prolonging the misery, will this just drag on for years, or do I have a good case against the CPS?
If I won this kind of case , I feel would like think I am owed compensation and a full apology , anything that may show on a CRB to be scrubbed off and hopefully for my arrest to be removed , although I fully appreciate that the police have a duty to investigate , so I doubt that can be removed.
If anyone knows of the right kind of solicitor / barrister i should be looking for to deal with this matter , should i be looking for a Human rights solicitor ?, does anyone know of anyone that would work Pro Bono on these kinds of matters?
Any advice welcomed.
Basically, a allegation was made against around 2 years ago from when I was below the age of 14, this is from the mid 1980’s when Doli Incapax was applicable, basically back in those days the police/legal had to rebut Doli Incapax as a child under 14 was deemed incapable of forming the intent to commit a crime especially by reason of age...................
I was arrested, bailed, and then 6 months later the police charged me, as we all will know it is the CPS who makes that choice.
The situation progressed through county court into crown court, then my wonderful solicitor and amazing barrister put together an abuse of process argument (doli incapx etc), we won, Yay
But the fact is, because Doli Incapax was never rebutted in the first place, charges should not have been brought and I should not have had to spend over a year going to various courts, not to mention all the serious stress and worry this caused me in the mean time.
I have come to the conclusion that if the CPS was a doctor and they had prescribed me a course of medicine, incorrectly after medical examination and I was to suffer from this medicine for over 12 months, then I would have a case for malpractice.
I also feel as if my human rights have been abused.
I have an arrest on my record that will cause serious issues when travelling to certain countries
If I ever need a CRB / Enhanced CRB check a major red flag will show up.
The thing in my case because it was a allegation from over 27 years ago , nothing could change , my state of mind (important for rebutting Doli Incapax) could not proven / shown , I denied the allegation , the evidence was already crystallized , the CPS evidence for rebutting Doli Incapax simply was not there in the first place.
My solicitor has stated that criminal charges should never of been brought because Doli Incapax had not been rebutted , but he is more of the mind of “try and move on and enjoy your life” which are indeed wise words and perhaps the same words I might offer to person who has been through a bad situation.
But I cannot help feel I have had to suffer massively for a false allegation and also by the fact legally charges should never of been brought in the first place.
I am feeling the need to deal with this in a legal fashion, but am I prolonging the misery, will this just drag on for years, or do I have a good case against the CPS?
If I won this kind of case , I feel would like think I am owed compensation and a full apology , anything that may show on a CRB to be scrubbed off and hopefully for my arrest to be removed , although I fully appreciate that the police have a duty to investigate , so I doubt that can be removed.
If anyone knows of the right kind of solicitor / barrister i should be looking for to deal with this matter , should i be looking for a Human rights solicitor ?, does anyone know of anyone that would work Pro Bono on these kinds of matters?
Any advice welcomed.
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