my son has been accussed of abusing afriend 10 years ago

[lawlessone2009]

If you are to be a witness then you are not able to be present. Don't ask me why, it's the lawyers that insist. Your case could potentially be different if your son, the defendant, isn't actually taking the stand. RF is the best advisor on this.

Sounds good that you are finally getting progress. What is the point in your boy attending, have they asked? It really needs to be a team effort to abstract enough quality info in order to piece together a defence or pursue a 'no case' (that thing RF was talking about) argument. Hopefully they will have a route forward after Tuesday and start acting. If you're to be a witness then time is fast approaching for them to speak with you.

[anxiousmum]

Is it possible to get a "no case" at this stage?

[Faith]

It's a possibility at any stage

[lawlessone2009]

It's a possibility at any stage

I would also say that in your sons case it should be a serious consideration. If the prosecution are ignoring the possibility then your legal team should be actively pursuing it. If they're not even bothering to meet then they clearly aren't actively pursuing anything.

Give it til Tuesday to see where things are.

[anxiousmum]

thanks for the advice, get differing oppinions from legal team! I will be phoning your suggestions RW on mon.
Thanks again everyone really appreciate all your help nice to know we're not alone x

[lawlessone2009]

You, like the rest of us, don't find yourself in this strange position every other day so you won't know about the processes and procedures involved. I would hand out advice more freely but I am not entirely sure if the advice can be relied on with 100% accuracy so I tend to refrain as much as I can. Others have experienced situations which are directly relevant to your position and are far more able. Others are just geniuses which are blooming good people to have around.

From what you have described/detailed so far it would be my opinion that the 'public interest' consideration hasn't been considered properly. It also appears to have been made clear that your son is incapable in a manner which would bring into serious question the actual point of a prosecution. A prosecution could also have grave consequences on his condition.

There are a lot of issues going on in your sons case and I believe that the state and their prosecutors are continuing in blind ignorance or greedy malice. We haven't even really begun to discuss the possibilities of putting forward a defence yet as it appears that everyone that has offered advice has seriously questioned why there is a proposed prosecution in the first place. Surely any solicitor worth their salt would've also done this as the very first course of action. You mentioned the reports etc that have been done, who was it that asked for them?

[anxiousmum]

The soliciters are specialists in mental health law, sections etc and they got the reports, which probably cost money and took up alot of the legal aid money? I am glad we have these reports but i think the case has stalled since then.

[lawlessone2009]

The soliciters are specialists in mental health law, sections etc and they got the reports, which probably cost money and took up alot of the legal aid money? I am glad we have these reports but i think the case has stalled since then.

The solicitors that are representing your son against the sexual allegations specialise in mental health law?

Why did they get the reports? Have they given you a reason?

[anxiousmum]

I think they were right to do this as they recognised that he was not able to prosess what was going on but since then there has not been any progress.

[Rights Fighter]

The solicitors that are representing your son against the sexual allegations specialise in mental health law?

Why did they get the reports? Have they given you a reason?

He needs a criminal defence solicitor who specialise in defending clients with mental health problems - there is a huge difference between that and one who specialises in mental health law. Here's another reason for an application for a transfer of funding to another solicitor.

[lawlessone2009]

He needs a criminal defence solicitor who specialise in defending clients with mental health problems - there is a huge difference between that and one who specialises in mental health law. Here's another reason for an application for a transfer of funding to another solicitor.

Wow... RF storms in a sorts it out in such a simple and effective manner. I am in awe.

I believe that your legal team are probably used to dealing with mental health issues and will simply play the mental health card when it comes to crunch. They've got their reports and they believe they are sufficiently armed. If their strategy doesn't work and there is an actual trial to defend then I feel that they will be so far out of their depth that your boy could be found guilty.

RF is 100% correct and on track with her input (she always is!). Your boy is facing a serious criminal trial with a mental health legal team. I am sure that you've got first hand knowledge of how those with mental health issues are always short changed by the legal system and then they themselves are blamed for being mentally unwell. This cannot be allowed to happen here.

There is a further question......

Although your solicitor specialises in Mental Health Law does your QC/Barrister specialise in criminal law, specifically in areas of sexual offences. It would be my opinion that this would make a good team with both parties being able to lead each other to a pretty able and capable defence strategy with most bases covered.

[anxiousmum]

If I knew what the defence strategy was I could answer you but have no idea!! and yes they do get a raw deal I feel for those who have no family to support them.
I dont know what experience the barrister has, is that really stupid of me not to have found out? I will google him now!

[fighter]

If I knew what the defence strategy was I could answer you but have no idea!! and yes they do get a raw deal I feel for those who have no family to support them.
I dont know what experience the barrister has, is that really stupid of me not to have found out? I will google him now!

Anxiousmom, in case you did not find a lot about your barrister from googling, you can always ask your solicitor. We had a good barrister although when we googled him we didnt find a lot about him, but our solicitor said he was ruthless, very experienced and good at these cases and we were not disappointed.

[Rights Fighter]

AM you would not be allowed into the meetings as you are a potential witness and if you heard the conversation then this could cause some sort of 'innocent contamination'.

If this was the other side, and a prosecution witness was allowed into meetings between the complainant and the police / Crown barrister then think of the (said tongue in cheek) 'innocent contamination' (also known as collusion after becoming aware of new facts) that could go on with that!

[anxiousmum]

yes i can see how it would be a problem, but we are caught between a rock and a hard place with my son's case! something that I'm sure the prosecution are aware of and why allegations have been made against him, he's an easy target!