Good news!

[cant believe it]

*I meant GOOD news, can't edit the title *

I received a call from my solicitor today who said a senior cps prosecutor "friend" of his had looked at my case and made the decision that there would be NO FURTHER ACTION!
Wooo!
Thank god for that!

He told me that I don't need to attend the police station next week to answer bail but I could go if I wanted so that I can have it officially from the police.

Should I go to the police station or not?

[LS]

excellent news, cbi.

[Casehardened]

Great news, thanks for posting this as it will be encouraging for those still going through it.

PS. if you (understandably) don't want to go to the police station, you will eventually get a letter confirming NFA.

[RFLH]

I'm really pleased to read this - thank you for posting it up.

[tarzan]

Congratulations - I know the feeling and you must be elated -enjoy the rest of your life.

T.

[marynarz]

Reply

Congratulations!!!!

[Rights Fighter]

I would attend anyway and ask for it in writing so there is no risk of it getting lost in the post.

[felix]

Emjphatically go to the police station. It was a nightmare getting a letter out of the Met since technically I was a "decision not to proceed" rather than an "NFA" but no one seems to undertsnad the difference anyway

[cant believe it]

I really do not wish to go near a police station ever again! although I would have had to answer bail next week anyway so I think I will go, do I still need my solicitor with me?

Also, how do I go about having my arrest taken off record as well as my dna?
Will I ever get to know why they decided not to proceed?

umph, so many questions now...

[felix]

Hiya, can't believe it,

Welcome to the better world of NFA which is better than being on bail by miles but is still hard. The short answer is that as far as I know, and I would love help and advice on all these points:

1. Now you have NFA you will get no help from your solicitor unless you pay fees
2. You were arrested and that can never be removed from your record
3. That fact is declarable if you are asked the question ie on USA visa waiver form - you are no longer therefore eligible for the USA or Canada or Australia visa waiver
4. That fact, and the offence(s) for which you were arrested, will appear against your name on the Police National Computer and be accessible to any policeman at any time
5. That fact, and the offence(s) for which you were arrested, will appear in an enhanced CRB check for the rest of your life
6. Similarly on any vetting check
7. Your dna records and fingerprints will be held for the rest of your life unless the chief constable of the force concerned can be persuaded to order their deletion, but I do not know how in practice you get him to do this
8. You are entitled to make a Freedom of Information Request to the police force concerned and they are bound theoretically to release any information on you which they hold, but I do not know anyone who has done this so I have no idea if this provides details of the accusations made - I kind of doubt if it will
9. Others have suggested an enquiry of the police under the Data Protection Act might bear fruit.
10. My MP has offered to contact the chief constable and see what he can do.
11. In theory you could consider civil legal action against her, private criminal prosecution of her, or ask the police to take criminal action against her. Likelihood of success minimal.

Personally, I have been so ill and traumatised and so POOR that I have so far done none of the above. I will ask my MP to go ahead in September. I would love to know of people who have done any or all of the above or taken other steps.

Please keep in touch.

Felix

[felix]

Your solicitor will tell you if they need to attend but I think this is not needed. Call the officer in charge and ask to collect your seized possessions at the same time.

[Casehardened]

With regard to the retention of DNA on the police data base, if the Protection of Freedoms Bill is passed by Parliament in it's present form, one of the provisions is:

• Scaling back the police DNA database so it no longer holds the profiles of those who have not been convicted of any offence.

I'm not holding my breath though

[billykickass]

So what does it mean in real terms of travelling to Canada as i hope dearly that my case gets NFA'd and i also wish to travel to canada next year? Thanks for any advice

[worriedfather]

I would ilke to update Felixs post. The law is changing year and the DNA, fingerprints etc of anyone not found guilty will be destroyed after 3 years from date of arrest, plod may ask for a 2 year extension but after 5 years it must be destroyed.
I would suggest that you consider making a complaint against Plod, You can do it yourself, but that is probably waste of time as they will just twist your complaint so that they can say "we followed the rules"
There are some solicitors who will take action against the police, we are doing that at the moment

[felix]

I would be very interested in details of anyone who has made a successful complaint against the police yet have not been charged. My understanding is that complaints only have a chance of success if the case has progressed to charging or beyond.

I can't fault the process from arrival at the relevant police station to the decision not to proceed (except it took 6 months but that complaint will get nowhere!). My only complaint relates to decision to make an arrest at all, and police tactics. Not I believe, given accusation of violent rape, likely to be successful.....

Would love to make contact, worriedfather