Urgent Advice Needed

[scared82]

Please help, my brother has been recently falsely arrested and released on bail for rape.
I dont really want to go in to to much detail at this stage but have read through some of the other posts and wanted some advice.
I really dont want this to get to the stage where he is actually charged with something he didnt do and as I have seen on here about collecting your own evidence I thought this would be a good idea to start right away.
I thought it would be best to hand copies into the police and CPS to try and ensure charges are not bought but many people on here say to keep evidence away from house so police cant access, why is this?? Also he doesnt have a solicitor yet, he naively thought as innocent he wouldnt need one!
Thanks in advance

[Shatteredhusband]

Sorry that you and your brother are in this position. You have come to a good place and others more experienced than I will be along with more useful advice. I am currently in the same position as your brother.

I understand that the reason people advise not handing information to police / CPS is that there are concerns this evidence may go missing, hence advice to keep copies away from home. Secondly people have expressed concern that informing the police of your evidence means that they will build a case around it to negate any value it has. For example if your brother has an alibi that he was 200 miles away on the night in question, the prosecution will put that to his accuser and she may say that she was mistaken, it was the night before.

I am also concerned that he currently has no legal representation. Others can advise on a good solicitor or you could contact FASO (you can google them) lines are only open 6-10pm. They can advise on a suitable solicitor for your brother. When he has a good solicitor, they can best advise on how to use any evidence which you have collected.

I did think that the police would secure all evidence whether it demonstrates guilt or innocence, but I have been informed that their role is to collect evidence to support the prosecution case.

Good luck and as I say others with greater experience of these things will be along soon.

[Rights Fighter]

Hi scared82.

Most police officers do their work properly but there are those who do not. Many of the people who end up on here who have family members who have been convicted are victims of unscrupulous police officers. this tends to give the view that all officers are the same.

However, better safe than sorry. If you have written evidence then give the police copies. My friend Rob who got me into this "business" handed over 53 pieces of evidence to the police who then denied they had ever received them.

After a successful appeal the CPS asked the police officer for the paperwork and they said that "it has been mislaid". How can they mislay something they never received? In that case the Crown smelled a rat and found one.

If you post up the county (no other identifying details as this is a public forum) where you live I might be able to recommend such a solicitor in your area.

[Rights Fighter]

I've checked my lists of sols and cannot see any that come recommended in xxxxxxxxxx. That is not to say that there are none.

I would suggest you contact FASO and hopefully they will know of a decent solicitor there. Or try one of the bigger London firms.

However, he's not yet been charged has he? So he may not need one. He should have accepted the services of a duty sol though. If he is invited in for another interview then he MUST accept legal assistance. Not all duty sols are ****!

[scared82]

Does anyone know if the police will allow us to see the statement given by this girl even though he hasnt been charged?

[Rights Fighter]

Not unless it is shown to him during the interview. It's highly unlikely that there will be any paperwork available to defence unless he is charged. Hopefully that will not happen.

[scared82]

Thanks for your quick reply, they told him some parts of the statement but his friend was also arrested and they told him different parts of the statement which together make her account seem very unbelievable but without seeing it in full its hard to tell.

[Saffron]

Hi Scared82

RF is right - statements and other paperwork (forensic reports etc) are not usually disclosed to the accused until they are charged. At this stage there is very little a solicitor can do, apart from be present when your brother reports for bail. Also Public Funding (legal aid) does not kick in until charges are brought, if they are.

Good luck.

[Rights Fighter]

All you and your bro can do is to sit it out and hope for the best. I know that is not particularly helpful but I can't think of anything else to say that will make you feel better.

When is his next bail date?

[scared82]

I know you are right its just so hard not knowing what the police are thinking. they are interviewing another friend of my brothers this week who will back up my brothers evidence so hopefully thats a good thing. Bail date is mid Feb. Thanks again for advice

[Rights Fighter]

Keep coming back as you'll get loads of support.

[scared82]

a friend has printed off some comments that the accuser has made on her facebook wall which prove some of the things she said were untrue. The problem is the friend does not want to be named or involved in anyway, will the police accept copies of these print outs without us having to give my friends name. Thanks

[Rights Fighter]

Printouts are not really as good as screen shots as the accuser could then say that it was put into a document and then edited.

So screenshots are the way to go! I've done that and they've been used in evidence but I've had to provide a statement for the defence solicitor. There's now't stopping an independent person printing off copies for the police of course. That way you cannot be accused of direct or indirect contact.

The fact that nobody talks is neither here nor there - it's the appearance of attempting contact that can get you into trouble. Why does the friend not wish to be named?

[scared82]

Hi they are friends with the accused and the accuser and dont want to be dragged in, if they do a screenshot could we hand this to the police and say that somebody has given us it without giving their details. Will the police then not be able to access her facebook details to see for themselves as the stuff is still on there now.

[Rights Fighter]

You can try but the problem is, you might end up being accused of attempting indirect contact. On the other hand you might not - it all depends on the officer you talk to. Some are honest but some are not and will do anything to increase his "detection rate".