Getting your defence costs back

[noodles]

Has anyone with a not guilty been able to do this? We have been told we can get parking with receipts and mileage back but not hubby's loss of earnings. Has any1 been able to get their wage back? Hubby has had to be in court 8 times in total and numerous solicitor/barrister appointments which he had to have the full day off work unpaid. Now he has had his not guilty it just seems so unfair we're going to be out of pocket for something he didn't do. Thanks for reading!

[Boys don't cry]

Compensation

I was just thinking about compensation,could we claim for it against the accusator?.It might involve more costs but after all the torments caused...

[noodles]

I don't think you could unless it was proved they were lying? Like they confessed?

[Rights Fighter]

You a re entitled to your expenses back regardless of why the jury came to a not guilty verdict. I don't know about lost earnings but that could be a separate application.

[noodles]

Hmm think we may aswell give up as the solicitor doesn't seem to 'think' we can get it back either but because of all the court days and appointments with sols/barrister hubby is 1600 out of pocket which feels unfair but seeming no one else seems to have got back loss of earnings due to no replies I think we should just leave it. Thanks for replying and looking!

[worriedfather]

My son is currently looking at suing the police for wrongful imprisonment, loss of earnings (he lost his job as he was locked up) being a bunch of incompetent idiots and anything else we can think of, will let you know how we get on

[davet]

hi Noodles,

I was found not guilty on a GBH charge at the Crown Court.

Basically I was attcked by my alcoholic, heroin addicted stepson at my own home and he told the police I had hit him with a spade.

My bail conditions included not being allowed into my own home, because he was living there having been thrown out of his own home by his wife!!!!!!!

I incurred a staggering amount of costs (close to £10,000) due to hotel costs, answering bail twice a week to a station 30 miles away, solicitor metings, court appearances etc etc. which culminated in my losing my business and consequently my house, most of its contents, impeccable credit rating, and quite often my sanity.

The police case against me was so weak as to be ludicrous, there was no actual evidence, independant witness's statements contradicted my stepsons in all important area's, the actual spade was never forensically tested, which would have proven my innocence, however, the police attempted to get around this fact by stating that when it was recovered 'it appeared to have been cleaned'!!!!!, my stepson had been arrested numerous times for violence, including assault with a knife and I was a respectable hardworking 55 year old business man having previously held senior management positions with a number of companies.

Had I not lost everything, or been so insensed at the utter manner in which the police conducted themselves, I would probably have just left it, however, I have attempted to seek compensation from both the CPS and the police with little success, they both hide behind terms such as 'done within guidelines' 'in the publice interest' etc.

I have recently sourced a solicitor, who, having looked at my 'case file' is in the process of preparing a case afainst the police for malicious prosecution and misfeasance in public office, which, if successful, will see all my costs reimbursed along with a compensation sum.

I have found therefore, that unless you appoint a solicitor I doubt if you will get anywhere. It may be worth writing to the police force involved asking for advice by way of complaint as they then have a duty to respond, or the IPCC although I have found them to be as useful as a chocolate fireguard.

It is worth noting that there are time restrictions involved in the IPCC involvement, and the police can call on these in order to avoid the IPCC intervention (I fell foul of that one)

I know it leaves a terrible bitter taste that you have unfairly inccurred costs but I would advise that so far it has taken me almost 3years and it is still ongoing.

If the costs are not enourmous, I think I would be inclined to put them, with the whole situation, behind me and move on.

Sorry to go so much but we all enjoy a rant at some time

[Rights Fighter]

Rant away! At least your rant is not off the wall and we can relate to it!