son falsely accused of rape and now charged

[mumneedinghelp]

Not feeling too positive this morning because I read posts last night where the result was guilty and some of the sentences were a lot more than I thought possible.

I have to snap myself back to my positive side for my son as he will start to worry if he sees me upset. I know every case is different and every jury is different and it is impossible to forsee the outcome. When the solicitor gets the papers will he know what evidence the CPS have used to charge?

[is there justice?]

Sending you big hugs.
I'm sure it's not good to think 'what if' but it's impossible not to. On the other hand I've read quite a few with a 'not guilty' ending too.

[Boys don't cry]

Welcome Mumneedinghelp.

Yes, your son's solicitor will receive the final disclosure from the CPS.
It will be homework time for both of them him who will be able to read all the statements from her, the police,...

You are absolutely right to mention that all cases are different so keep positive.
Ask your friends to write character references for your son (especially from the female gender),they will only help.

All the best.

[myhome]

Search - bananas - on here and you will see many many successes.
As BDC says - all cases are different - in the circumstances, mix of people involved, police force, OIC, court, jury, barrister, solicitor, judge etc etc so although it's very hard not to do - try not to compare......

[mumneedinghelp]

After a bit of a wobble mid-week when I felt a bit down after reading posts from loved ones of those found guilty I have pulled myself together. I decided to start putting together information ready for the solicitor and nag my son into writing down anything which might be useful. He at first said he he didn't need to because it is all in his head but he agreed after I said it has to be written down at some point and it will ensure he doesn't miss something important. I have also told him to print off his facebook messages again just in case the police have lost them and also a list of his phone calls and texts so he can pinpoint the time he was at her flat. I have also told him to think of who can be character witnesses. He is a bit reluctant to ask anyone because he doen't want to get them involved. His new girlfriend says she will be a character witness which I think will be good because she only got to know him after he was accused but there is always the potential problem that their relationship won't last. I would love to be a character witness but I suppose I would be viewed as biased. I should be called as a witness anyway as I was the first person to be told of the false accusation.

[Rights Fighter]

Not feeling too positive this morning because I read posts last night where the result was guilty and some of the sentences were a lot more than I thought possible.

I have to snap myself back to my positive side for my son as he will start to worry if he sees me upset. I know every case is different and every jury is different and it is impossible to forsee the outcome. When the solicitor gets the papers will he know what evidence the CPS have used to charge?

The CPS should send whatever disclosure they have (that they want defence to see - they may hang back with other stuff) and it should be possible from that to see exactly why they came to the decision to charge.

You will start getting some paperwork through that is called 'the unused material' which is evidence that is of no use to either side, or evidence that undermines the case for the Crown.

With that comes a list called 'the Schedule of unused material'. There will be items on the list/schedule that will have initial at the end (CND = Clearly Not Disclosable) for instance. In fact some of that IS disclosable and counsel for defence should argue for that, if necessary in a court hearing, if he or she feels it helps the defence case and undermines the case for the prosecution.

Often the Crown will do their best to keep certain evidence away from the defence. You have to now realise that this is no longer about fairness and justice, but has turned into a game, where tactics and manoeuvres are at play.

If you have access to the complainant's Facebook account, or Twitter and if it is an open profile, take screenshots of anything that might assist, for instance, references to money, up coming holidays that will cost a lot of money. Screen shots are more acceptable as evidence rather than copies and pastes and very easy to do.

The upcoming hearing is called a Plea and Case Management Hearing - PCMH for short. This is an easy one. Your man stands in the dock and is asked 'are you guilty or not guilty' to each count on the indictment. This will be read by an officer of the court.

In this hearing there may be legal arguments as to admissibility of evidence, possibly discussions about any abuse of process, etc and they will try to fix a date for the trial then. You will probably spend more time hanging around waiting to go in, that in the court room itself. It's scary for the defendant but he won't be in there long at all. Usually lasts around 30 minutes.

[mumneedinghelp]

Thanks very much for the info. Will he have to hang around in the waiting area or will he be taken somewhere else to be taken into the Court? Providing he has adhered to his bail conditions, which he will have, will bail be automatically granted? How long is likely to be before the trial? When we were at the Magistrates Court I was talking to the duty solicitor fot that day while we were waiting for his solicitor to arrive and she said it would be 4 weeks to the plea hearing, then about 8 weeks to the trial. However from being charged he has 12 weeks to wait until the plea hearing - is that just because the Court is so busy?

[Cabins_2011]

Bail should be regranted automatically unless there has been a change of circs etc. the actual trial date will largely depend on court availability and that of your barrister. My plea hearing was in July last year but my trial didnt start until Feb this year.

This gave a real good time period for evidence gathering inc working on the unused evidence as mentioned above.

[is there justice?]

"You have to now realise that this is no longer about fairness and justice, but has turned into a game, where tactics and manoeuvres are at play."

This is so scary - it blows all your faith away.

Mumneedinghelp, I'm following all your questions avidly as I'm clueless. Just wanted to send you some more positive for you and yours.

[Rights Fighter]

Thanks very much for the info. Will he have to hang around in the waiting area or will he be taken somewhere else to be taken into the Court? Providing he has adhered to his bail conditions, which he will have, will bail be automatically granted? How long is likely to be before the trial? When we were at the Magistrates Court I was talking to the duty solicitor fot that day while we were waiting for his solicitor to arrive and she said it would be 4 weeks to the plea hearing, then about 8 weeks to the trial. However from being charged he has 12 weeks to wait until the plea hearing - is that just because the Court is so busy?

Yes he and his supporters will have to hang around the waiting area unless counsel or sol is lucky enough to find a vacant conference room (little side room basically).

If nothing has changed with regard to contact with complainants and their witnesses or if he has shown no signs of self harm his bail should remain the same although some conditions might change depending on the circumstances. For instance, if a witness or complainant has moved to an are he frequents. He would probably be barred from that area - possibly having to move address.

I attended a PCMH for a client recently. The judge wanted the trial set for early summer but the client had changed representation which meant our QC (paying privately) could not make it. Plus Crown said she felt summer would be too soon as they had not received all the evidence they required. We are now set for the end of September.

[mumneedinghelp]

I am so glad I found this site because of all the useful information I am getting. By the looks of it this awful situation will be hanging over us all year and maybe into next year before the outcome is known. My 85 year old mum usually comes to stay with us for a week either during the summer or at Christmas but I have told her I can't cope with her coming while this is going on. Although we are managing to block it out at the moment it may not be so later on and I know my son especially would feel awkward if she was here.

[Rights Fighter]

Your mum might want to know why she is not welcome which might be a difficult one to answer though. Maybe you could say your son is unwell which is partly true - stress and anxiety brought on by the allegations and forthcoming case.

[mumneedinghelp]

Mum understands it is a difficult time. We go up to see her a few times a year just for the day and talk regularly on the phone. When I told her I didn't think it was a good idea to come she said she was going to suggest she didn't come anyway.

[mumneedinghelp]

Thought son was coping well but obviously he is keeping it bottled up and he exploded today. He is absolutely useless with money and I do nag him from time to time and today was one of those times and he just exploded. He blurted out "Stop going on about it. I'm probably not going to be here in a couple of months". I was upset and had tears rolling down my cheeks as I said that I hadn't mentioned the accusation and that I was suffering too and reassured him that he would be still here in a couple of months as it is only the plead hearing at court in July and the trial could be months afterwards. He then told me I had to toughen up because if I am a witness courts don't like crying. Well I am 60 now and I have always been emotional so there is no way I will be able to hold back tears.
It's now 5 hours since the outburst and he is ok again now but I know now to watch what I say to him because he is just managing to hold it together.

[is there justice?]

Thought son was coping well but obviously he is keeping it bottled up and he exploded today. He is absolutely useless with money and I do nag him from time to time and today was one of those times and he just exploded. He blurted out "Stop going on about it. I'm probably not going to be here in a couple of months". I was upset and had tears rolling down my cheeks as I said that I hadn't mentioned the accusation and that I was suffering too and reassured him that he would be still here in a couple of months as it is only the plead hearing at court in July and the trial could be months afterwards. He then told me I had to toughen up because if I am a witness courts don't like crying. Well I am 60 now and I have always been emotional so there is no way I will be able to hold back tears.
It's now 5 hours since the outburst and he is ok again now but I know now to watch what I say to him because he is just managing to hold it together.

it's so hard and I do really feel for you and your son. It's hell here too and I've cried more than ever before in my life.
I won't tell you to keep your chin up but dig deep, we are all thinking of you