Please help - wording on NFA letter or equivalent

[felix]

Please, please can I trouble you to let me know the precise wording used in cases where someone has been arrested but then later told they will not be charged.

My reason for asking is that my MP is going to act on my behalf to try to get my case 'no crimed'.

We want to try to discern whether the police have concluded that:

the woman is barking and that her version of events never took place, or

that she reported accurately, but that there was insufficient evidence to win in court, or

that she, by texts and emails and voicemails, had shown herself to be an unreliable and unbelievable witness.

Or, possibly, because of her public profile and the implications of her name getting out, if my defence (as it would have) revealed the bizarre nature of her communications with me, then prosecution might not have been in the public interest.

Thank you so much. This is an unusual case and I am having trouble getting help and cannot afford an expensive legal action or costly solicitors.

Felix

[Rights Fighter]

Haven't you already posted up the contents of the letter that you were sent? If it's the same one I read, then the meaning is very clear and makes no mention of the accuser being "barking" or whatever.

The MP could quite easily write to the chief constable and ask for a more comprehensive reason for the decision not to proceed.

[felix]

Hi Rf,

My MP will be writing. However the barking comment did emanate from the police. The problem is that my MP regards the wording "decision not to proceed" is odd when the forces around his constituency all use the wording "no further action". He wants to take up the case with as full as possible an understanding of what the police might be thinking before he asks questions of the chief constable. The case is complicated by the status of the woman concerned.

Any evidence we are dealing with anything other than an NFA given the actual wording employed would be a huge help.

[the advocate]

Felix

sorry to be very brief - my MP wrote to the Home sec who passed it on to the CPS. He then had a response from a Director of the CPS, who responded about the 'threshold test'. Briefly, as I recall, the threshold test is not passed if there is not ' a reasonable suspicion that an offence has been committed' and if it would not be in the public interest to proceed. The public interest get out is very restricted, and would not apply if it meant hat someone whose name is regularly in the newspapers would get egg on their face.

For me, I was told that the threshold test was not satisfied. Between the lines, this told me that there was not a reasonable suspicion that an offence had been committed, which again infers that the civil burden of proof, balance of probabilities, was not even satisfied. This letter has been very useful to me, and I was also able to use it to get my DNA etc removed. More on that later.

So, google 'threshold test' and feed the necessary request to your MP, armed with your knowledge.

[RFLH]

thanks for that Advocate.

[the advocate]

Felix

Following up on my earlier post, I've had a look at my files. I don't know quite what my MP said in his letter to the Home Sec which prompted the response from the CPS, but if your MP doesn't know exactly what to ask, you might like to suggest that he enquires (i) for the CPS to advise the situation in relation to the threshold test and (ii) as public policy, at what level do the Police / CPS initiate an action for wasting Police time or Perverting the Course of Justice when a serious accusation has been made to the Police and they find it groundless.

You may also like to ask your MP to assist you with an application to have your DNA, fingerprints and arrest record removed. The "ACPO retention of records guidelines 2006" did cover this, but I can't find a copy on the ACPO website at the moment. Various police forces have their own policies on this and you should be able to find one for your local force.

In my case, the MET's said that if there was no doubt that no offence was committed, they may delete one's DNA. As mine has now been destroyed, I can take it that there was NO DOUBT. (Sorry to shout, but it does me good to shout about it!)

You may also want to apply for an ACPO certificate, saying that you intend to travel to the USA. You can also apply for an extended CRB certificate through umbrella organisations, which will also state if the Police want to draw someone's attention to any matters which may be relevant. For this, you'll have to intend to do sports coaching with children, or something similar to get the extended check. Whilst these options will cost you money, they will let you see what others can see if the certs have to be applied for later.

[just married]

I will, sometime, someday, try to find the energy to get onto this....

[brokenman81]

What decision is made on your ECRB? I went the whole nine yards and was found not guilty! Does this mean I am excluded from my passion just because someone had a change of heart after a 1 night stand? Do we deserve to continued persecution??? I remember when breaking down on my initial visit to the Police Station and the Custody Sgt said "Anybody can make an allegation Son" I will never forget that!!