NFA in writing - Confusions

[felix]

There have been a number of posts over the past four months about the form of documentation needed after your solicitor has been told verbally when / if the CPS or the police have decided upon taking "No Further Action" - NFA, in your case, and you receive in writing some form of Bail Cancellation Notice.

There has been a recent suggestion that it might be wise to ask the Officer in Charge for a clarification letter. I asked my criminal solicitor yesterday and received strong advice that was not a wise move. Any further interaction with the Officer in Charge, following the verbal NFA to the solicitor (and the subsequent recovery of seized property) could lead the Officer in Charge, it was argued, to query why I might be asking for further documentation and to regard that as a ground to look at the file again.

I know this sounds a bit like "fear of a repressive police state", but there you go.

I thought I would post exactly the text of the only written documentation I have regarding the 'end' of my ordeal.

I have blanked out (XXXXXXX) any identifying data (dates etc). This was from part of the London Met Police Area. it was a pre-prepared form and everything in bold below was typed in bold on the form:

+++++++++++++++++++++++++++++++++++++++

RESTRICTED - POLICY

BAIL CANCELLATION NOTICE

Surname XXXXXXXXX
Forenames XXXXXXX
Address XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Custody Record No. Ref XXXX XXXXX XX

On (date) XXXXXXX you were bailed to appear at XXXXXXXXXX police station on (date) XXXXXXXX at (time) XX:XXAM in relation to the alleged offence(s) of Rape of a Woman 16 years of age or over - SOA 2003

You are no longer required to surrender to bail at the time and date shown.

The reason for cancelling your bail is decision made not to proceed


If you have any queries please contact Surname XXXXXX Rank DC No XXXXXXX Station Miscellaneous

+++++++++++++++++++++++++++++++++++++++

It was not even dated nor signed.

I would love to know what other people received and whether they asked for clarification and what good it did them.

I have asked my MP to go into bat with the local Commander and seek a "No Crime" on my case.

Thank you.

Felix

[Rights Fighter]

I am not sure why you felt the need to post this twice on here.

I cannot post the whole of the appeal judgement to which I refer but I will post anonymised extracts:

In [YEAR], when the matter had been investigated by the police, a chief inspector of the [COUNTY] Constabulary wrote to the appellant at his home in the following terms:
"Dear Sir,

Re: Alleged Offence of Gross Indecency.

I refer to your recent interview in respect of the above subject matter.

Police enquiries have now been completed and having regard to the circumstances and insufficient evidence, I have decided that no further Police action will be taken in this matter."

Further on is this:

The letter of 21st May 1986 indicates a clear and final decision that no further police action will be taken. The prosecution have quite deliberately gone back on that representation that "no further police action will be taken in the matter." ............ This was not accidentally done, but clearly as a deliberate act resulting from the letter itself and the decision contained in it.

Followed by:

Accordingly, we are satisfied that the police have misused their powers when they went back on their word and instituted proceedings. We do not consider the reason for doing so in the subsequent letter in [DATE] is an adequate explanation or justification for reinstituting the proceedings. It is conceded that none of these matters were the fault of the appellant. The prejudice is obvious and substantial. The appellant was clearly at a disadvantage in the preparation and conduct of his defence. This situation could not be remedied by any direction in the summing-up

.



Obviously it does not follow that every NFA that is resurrected is unfair. However it can happen under specific circumstances.


Now if you choose not to believe this Felix then that is entirely up to you. However, this appeal judgement could have an effect on whether some cases proceed or not.

[Rights Fighter]

To quote from your post:

The reason for cancelling your bail is decision made not to proceed

This does not appear to include the often used phrases which usually accompany NFAs ".....due to insufficient evidence" and "unless further evidence comes to light".

I would suggest that this is a clear indication that they have NO intention of proceeding further.

If, God forbid, several months/years down the line they attempt to resurrect the NFA you may well have a case / argument for an abuse of process.

[felix]

Sorry for the dual posts - Broadband problems- blame BT....

I would be very interested to know the forms of letters for bail cancellation which folks received when they were NFA'ed.

My MP is asking for help in dealing with a police officer on my case at the moment.

Thank you very much, RF, for your input. I understand and accept the point you made entirely. But if my letter is unusually strong in terms of abandonment of the case, this might give us all confidence to proceed against the accuser. Can I email you some more details?

[Rights Fighter]

You would need to consider certain points:

If you pursue the accuser for perverting the course of justice (PCJ) what do you hope to gain from it? If it is financial - can she afford to pay? If she can't it won't be worth trying. Would your sol pursue this on a no-win no - fee basis?

It is for the Crown to pursue a criminal prosecution - civil cases are extremely expensive and rarely succeed. You would need to provide evidence that proves beyond all shadow of a doubt that she lied. Circumstantial evidence is not enough. The burden of proof would be much higher than in our defendant's cases.

[felix]

My accuser is a member of an affluent high profile family and has funds. She is also a principal in the legal profession.

[Rights Fighter]

Can you afford to bear the costs should you lose?

[felix]

Can I live with myself knowing that someone who is a solicitor or barrister has made an FA and is still practicing? Any other ideas as to how I can protect other innocents in the future?

I had given up thinking of trying until you pointed out the potential strength of my letter....

[Rights Fighter]

I had given up thinking of trying until you pointed out the potential strength of my letter....

"The potential strength of your letter" does not help you in your quest for justice. All the letter does is say that this matter cannot be resurrected, and if it is, there might be a ground with which to appeal, should you be convicted of it in the future.

It will not help bring the accuser to Justice.

Had this been a "no-crime" letter (no, I don't have one on my computer, before you ask!) you might have had a case because the Police and Crown could then be asked "what brought you to the conclusion that no crime took place?".

Even then, it doesn't mean that anything will be done about it. Take legal advice from the appropriate solicitor.