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Does this have implications for clearing your name???
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No idea - I wonder if any of the legal people on here van find out. Superficially it looks bad for those falsely accused of rape who want to get DNA and PNC records destroyed. Photo is least of my worries. Why / how can retention of DNA and PNC be proportionate or reasonable for the innocent?
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There's an article in the Daily Mail about this today, it says - The teenager from Peckham, South London, was arrested on suspicion of rape in April 2009 but no charges were brought when a witness failed to confirm an offence took place.
When he asked to have his details removed he was told the mugshot could be retained until he reached the age of 100. He was 12 at the time.
Read more: http://www.dailymail.co.uk/news/arti...#ixzz1ycgTXoX5
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Extract:
But the judges ruled that police retention of FJ's PNC record was justified and was only a "small and plainly proportionate" interference with his Article 8 rights. Lord Justice Richards said the Met Commissioner had indicated he did not intend to seek permission to appeal.
But he said Home Secretary Theresa May wished to consider her position on the ruling, which has nationwide implications, and gave her two weeks to make any appeal application.
I think this will depend on the circumstances of each individual case.
I would think that they should take into account the evidence provided as to whether the offence was indeed committed rather than mere circumstantial evidence which is what many are convicted on in our cases. I say should but we would have to wait and see how it pans out.
Many people who are NFA'd or found not guilty are actually guilty of some or all of it. Juries make mistakes both ways as we know. They have to take that into account as well. Once again we have a double-edged sword.Last edited by Rights Fighter; 23 June 2012, 03:09 PM.People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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It's actually quite interesting as after I was arrested I was taken to another Police station for a 'Viper' (digital video recording of me sitting on a chair and facing different directions) which is apparently a modern ID parade. This video was to be played to my accuser along with 13 others and she was to pick me out....
The solicitor however had the paperwork identifying me and said that the picture on file must've been an older one as it was not from the 'Viper'.
Now, I've never been convicted of anything apart from driving offences and they don't result in pictures or prints being taken (unless drink driving, which I've never been caught doing). I was however accused of an assault a few years back whereby I was 'processed' but the case collapsed at court after about 7 appearances. Picture must still be on file though either that or it was one from years ago whereby I was accused of a breach of the peace yet never charged or convicted.
I would be interested to see my 'file' and what it contains but at the moment I am not going to bother. No rocking boats for me until I see what my immediate future holds, November isn't too far away now and a hell of a lot can change between now and then.Wow... A signature option!
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Originally posted by lawlessone2009 View PostIt's actually quite interesting as after I was arrested I was taken to another Police station for a 'Viper' (digital video recording of me sitting on a chair and facing different directions) which is apparently a modern ID parade. This video was to be played to my accuser along with 13 others and she was to pick me out....
The solicitor however had the paperwork identifying me and said that the picture on file must've been an older one as it was not from the 'Viper'.
Now, I've never been convicted of anything apart from driving offences and they don't result in pictures or prints being taken (unless drink driving, which I've never been caught doing). I was however accused of an assault a few years back whereby I was 'processed' but the case collapsed at court after about 7 appearances. Picture must still be on file though either that or it was one from years ago whereby I was accused of a breach of the peace yet never charged or convicted.
I would be interested to see my 'file' and what it contains but at the moment I am not going to bother. No rocking boats for me until I see what my immediate future holds, November isn't too far away now and a hell of a lot can change between now and then.
Very sensible attitude. I know some people make things far worse for themselves by insisting on making complaints left, right and centre and they complain later on that they are being 'picked on'.People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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Originally posted by Rights Fighter View PostVery sensible attitude. I know some people make things far worse for themselves by insisting on making complaints left, right and centre and they complain later on that they are being 'picked on'.
As for present day... I can't actually remember the last time I seen my solicitor! This forum gives me much more support than the legal team could ever fathom the time for. I also get it in far greater detail and completely unbiased in so far as reading others threads gives me unrelated info for my own case.
Plenty time for complaining later on but I'm really not sure I have anything to complain about! Nothing untoward has really happened to me, merely processed like everyone else and now I'm a little cog turning in the big machine. I do have ideas and thoughts and stuff but they're not directed at the Police or the prosecution more the government and little old me ain't gonna achieve much against that army..............Wow... A signature option!
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Originally posted by lawlessone2009 View PostThis forum gives me much more support than the legal team could ever fathom the time for. I also get it in far greater detail and completely unbiased in so far as reading others threads gives me unrelated info for my own case.
Wunderland and the others I didn't mention (especially the moderators)
...because I was specifying quite "recent members" ,the stronger and wiser we will be to help newcomers.
Last edited by Boys don't cry; 26 June 2012, 09:25 PM.Non,je ne regrette rien.
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