Announcement

Collapse
No announcement yet.

accused for suspision of rape

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not quite CH.

    If any member of the defence team hears an admission of guilt they have a legal duty to report it immediately to the Crown. If they do not and it comes out later it is likely that they will lose their job and be unable to practice again. Plus they could be done for PCJ of course.

    How do you know the sol has done/said this? As we know, people do not always tell the truth.

    Are you in touch with your co-def? If so, should you be?
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

    Comment


    • Originally posted by Rights Fighter View Post

      If any member of the defence team hears an admission of guilt they have a legal duty to report it immediately to the Crown. If they do not and it comes out later it is likely that they will lose their job and be unable to practice again. Plus they could be done for PCJ of course.
      My apologies for misinforming; I had assumed that any discussions between solicitor and client were confidential and especially so from the opposition
      'What doesn't kill you makes you stronger'

      Comment


      • They are confidential but if an admission of guilt is made then the other side should be made aware otherwise there could be done for conspiracy to PCJ.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

        Comment


        • accused for suspision of rape

          No I am not in touch with him in fact haven't even seen him since the allegation. one of my mate told me about this in gym. apparently they both mates as well. he also said that, he asked him and passenger said, he never had no sex with her. she put the condom on him, they tried to do it but he couldn't fit in proper in the car so they didn't do it at all. the only thing happened was, she masturbate him for a min and they were snogging and touching.

          i didn't say anything in return, all i said, i don't want to talk about it.

          so his sol knows the truth but his sol not going to tell the investigating officers but if this case goes to court then she will tell the court?
          Last edited by stressed out; 21 November 2012, 03:20 PM.

          Comment


          • You will need to tell your sol about this - the passenger could be lying to save face of course. But if he is not then his sol needs to be asked about this. It is in your interest for this to happen.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • accused for suspision of rape

              Originally posted by Rights Fighter View Post
              You will need to tell your sol about this - the passenger could be lying to save face of course. But if he is not then his sol needs to be asked about this. It is in your interest for this to happen.
              Thanks for your reply.

              Two weeks ago,My sol told me to contact him end of November. he will get updates from police and will tell me whats going on. so I will tell him.

              can my sol, ask for CCTV camera results, forensic and biological evidence results now? or police will only produce if the case go to court?
              what kind of updates can he get from police?

              Comment


              • You would have to pay privately for that at this stage as, until charge, you are not covered by legal aid.
                At the moment, the police can limit the amount of disclosure they give you. it is dependent on the officer and solicitor involved how much disclosure is obtained but generally, the police will keep something close to their chest and there is little you can do about it at this stage.

                As for what you have heard at the gym, try not to get your hopes up. It could very well be, as others have said, his lying to save face or even something may have gotten lost in translation. Absolutely agree with RF that is must be brought up with your solicitor...but at any rate, please don't get carried away. Cautious optimism is probably the way forward

                This waiting game is traumatic for you I know, and you will be eager to do SOMETHING to clear your name. You're doing well. but don't run before it is necessary to even walk. IF you are charged, you will have a lot of time and opportunities to fight this with all you have got.

                Take Care
                "Be sure your sin will find you out"

                Numbers 32:23

                Comment


                • Originally posted by Rights Fighter View Post
                  Not quite CH.

                  If any member of the defence team hears an admission of guilt they have a legal duty to report it immediately to the Crown. If they do not and it comes out later it is likely that they will lose their job and be unable to practice again. Plus they could be done for PCJ of course.

                  How do you know the sol has done/said this? As we know, people do not always tell the truth.

                  Are you in touch with your co-def? If so, should you be?
                  Does the same apply to the prosecution? If they hear an admission of guilt are they legally required to submit this to Crown or face being banned? I guess not.

                  Comment


                  • The Prosecution works for the Crown and yes they have to report any retraction.

                    Well in theory they should. I know in some cases the police have done their best to dissuade retractions by threatening the complainant with wasting police time and attempting to PCJ.
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                    Comment


                    • Originally posted by Rights Fighter View Post
                      Not quite CH.

                      If any member of the defence team hears an admission of guilt they have a legal duty to report it immediately to the Crown. If they do not and it comes out later it is likely that they will lose their job and be unable to practice again. Plus they could be done for PCJ of course.

                      How do you know the sol has done/said this? As we know, people do not always tell the truth.

                      Are you in touch with your co-def? If so, should you be?
                      Or... It can be that your solicitor discontinues acting in the case.

                      I had a speeding offence a few years back where I admitted it to the solicitor and then started talking strategy to get off. I wasn't looking for him to do anything other than exploit 'loopholes'. He said that he could not do that and began talking about 'mitigation'...

                      I was forced to get a new solicitor, a much hyped 'traffic specialist' who turned out to be less than 'special'........ I highlighted TWO major issues with the case without ever touching on loopholes or the likes and he still rolled on and got me a months ban! I swore from that day forward that I would never use a solicitor for a traffic matter again and from that day on I have never been convicted!

                      Remember... Speed kills regardless of whether it is 'excessive' or 'compliant'. 2mph kills just the same as 200mph...
                      Wow... A signature option!

                      Comment


                      • It is my understanding that in Crown offences there remains a duty for either legal side to report an admission of guilt due to the severity of the crime whereas I suppose there is more flexibility with relation to merely discontinuing the case where it comes to magistrates

                        A solicitor can still offer arguments of mitigation if an admission of guilt is made. But they cant uphold that the client is innocent when there has been a confession that says otherwise

                        Of course, this could be completely different in Scotland
                        "Be sure your sin will find you out"

                        Numbers 32:23

                        Comment


                        • accused for suspision of rape

                          hi all

                          i was thinking about my case today and out of blue, i got a call from my investigating officer. he asked me about my phone. that the number i was using, it's not working any more. i told him that the number is still the same but i got a new sim from my network provider. he goes okay. i just wanted to ask that.

                          then i asked him, if its possible i can get back my papers which they took it off from my car. he goes yes i can so he will ring me tomorrow to come and collect my all papers but he is not ready to give my phone, wrist watch, n tom tom and few other bits back. ( what does tom tom got to do with this)

                          so basically they going through my phone to get any bits relating to the girl, unfortunately, there is nothing in the phone except few text's messages from the passenger after that night. in which i was telling him that if he didn't do anything then shouldn't be worried and he also that, he only was snogging her, nothing else. so i believe cops will read those messages.

                          i am also selling the car, so don't know if i should tell the cops or not

                          Comment


                          • stressed out

                            hi all

                            little update, i suppose to go tomorrow for bail but my solicitor just rang me and police re-bailed me till 15th march, the reason was, they send my phone to some experts so i guess they will go through my phone (videos, photos, texts etc) related to that girl. 3 months bail is a long bail init. I got nothing in my phone, they wasting there and my time.

                            i asked my solicitor to at least get my passport back, so I can find a job and start working because i have been sitting at home since July. i got no money coming in.

                            can anyone tell me, if it be alright if i go for citizen advice beauore or get any private solicitor (emigration) or can anyone give me advice what to do to get my passport back???

                            regards

                            stressed out

                            Comment


                            • Originally posted by stressed out View Post
                              hi all

                              I have been sitting at home since July. i got no money coming in.

                              regards

                              stressed out
                              I am not sure you want to read my advice

                              Regards

                              Boys don't cry
                              Non,je ne regrette rien.

                              Comment


                              • stressed out

                                Originally posted by Boys don't cry View Post
                                I am not sure you want to read my advice

                                Regards

                                Boys don't cry
                                its not that BDC, i did read your advice about work exp or any temporary job and i applied in few companies for any kind of work exp or voluntary work but they all said, they want to see my passport and some said, along with passport they want to check my CRB. so whatever i do, i need my passport for any kind of work.

                                Comment

                                Working...
                                X