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2 days Into this hell.......

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  • Originally posted by Ghost biscuit View Post
    Can someone be kind enough to clarify the laymans terms of "in the public intrest" and how important is that in this type of crime.
    Hi GB,

    If you have the time to read through this website there is a lot of guidance for prosecutors as whether to charge or not in various scenarios:

    http://www.cps.gov.uk/legal/p_to_r/r..._and_soa_1956/

    One paragraph I noticed:

    Code for Crown Prosecutors - considerations

    A prosecution will usually take place unless there are public interest factors tending against prosecution which outweigh those tending in favour. Rape is so serious that a prosecution is almost certainly required in the public interest.

    Edit to add it is a bit difficult to define what is in the public interest; an example they give is if the two participants are both minors and the activity is consensual then prosecuting them would not be in the public interest

    Also I think the 51% criteria of the likelihood of winning the case takes precedence over the public interest factor
    Last edited by Casehardened; 23 January 2014, 09:50 PM.
    'What doesn't kill you makes you stronger'

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    • Thanks CH,

      Thanks I have read that before but tbh went over my head.

      Regards,

      Ghost....B

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      • Hi GB,

        Sorry to hear of the developments.

        The Police can think and say what they like but the decision with regards to charging is entirely up to the CPS. The Police are basically paid witnesses and investigators, the CPS say 'jump' and the cops need to reply 'how high'.

        The Police at times get carried away and think that they ARE the law. It's a bit like a production worker believing that THEY make the product when in fact it's a whole lot more complex than that.

        The Police are clearly playing you along. They could simply have rebailed and limited the info before the CPS have made a decision.

        What I will say is that the Police will most likely put forward their personal opinions/recommendations/feelings etc for the CPS to consider along with all the evidence. There could be further rebails whilst any additional evidence is clarified/gathered. I would be more concerned if there was further bailing happening after your next short period. It's not to be read as a negative though it could be as simple as the CPS finding a big hole and getting the Police to attempt to fill it.

        A time of heightened anxiety whilst you await the decision making. I hope you are keeping well and keeping busy.

        Wow... A signature option!

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        • Hi Lawlessone2009,

          Thanks for replying, I have thought carefully about this and the information I got today. The first OIC was fantastic bit this one does not like me. I think het attitude is because of what happened before xmas. She put my bail conditions to when I first was arrested however the magistraits varied these before she was involved. She said the PNC did not have this information but after 4 months I feel that they would have been. I argued this point in December gone I also reauested to speak to her supervisor as I did not like her attitude. She said they would be in touch and that she would look at the bail conditions and get back to me. I phoned a week later she said that she been in touch with the magistraits and they were not varied.

          This brings me to today, I phoned the magistraits and asked if my bail had been varied thsy said yes and they still stand now. I asked if the police had been in touch they said they do not keep phone logs so wouldnt know. However they said that the police would need to make an application to have them reverted back and that the conditions went on the PNC when they were given. I told the OIC of this and she said they was not. As far as I am concerened she has lied. Her supervisor still has not been in touch. I offered to email the bail conditions she gave me an email however this email did not work. I asked for her supervisors name and very abrutly and rudely it was given. I asked what was to happen on Monday she said nastly just come in then at 1pm that was it. I phoned the solicitors secretary and thats when the information was disclosed. So I think that is why the OIC is being like she is with me.

          Regards,

          Ghost....B





          So this is the second review the CPS are looking at just have to wait and see.

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          • Hi Ghost Biscuit - what a nightmare you are having! I also have very grave concerns about the police and how they are handling this false allegation against my son. My son's solicitor says my complaints are valid but now is NOT the time to raise them - this is because the police are very powerful and what they present to the CPS and how they go about gathering their evidence is influential. Your experience seems to validate this opinion. My son's solicitor is using all his charm and powers of persuasion (which are awesome) to get regular updates for us. He hasn't told me I can't follow up my incident report of a false allegation of rape against the girl, or complain about the OIC (picking up the lingo now) he has just explained it would be better to keep the police on side and give them the opportunity to investigate fully without winding them up. He wants a NFA decision before tiger mum swings into action. To be fair I can't argue with the voice of experience, and why would I be paying for his advice only to ignore him? Revenge is a dish best served cold? Ours will be straight of the freezer .....

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            • Hi ghost biscuit sorry to hear this is still going on i have everything crossed for an nfa stay strong x

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              • Quick update

                Hi everyone,

                Today I went to the police station and I was rebailed until this Friday 31st January 14.

                The reason why well the CPS are reviewing the cse for the second time. Why have they had to review this for a second time I dont now, a positive sign or negitive I dont really know what to make of this.

                Tiger mum I do not know what the CPS read into what the police give as evidence a crock of **** if you ask me. Thanks to everyone for responding so far.

                Regards,

                Gost....B

                Comment


                • Originally posted by Ghost biscuit View Post

                  Today I went to the police station and I was rebailed until this Friday 31st January 14.

                  The reason why well the CPS are reviewing the cse for the second time. Why have they had to review this for a second time I dont now, a positive sign or negitive I dont really know what to make of this.
                  As it is such an extremely short bail date it could be a positive.....if a CPS lawyer decides not to proceed with a rape prosecution, a second lawyer must agree with this decision.....perhaps that is what the review is?
                  'What doesn't kill you makes you stronger'

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                  • Sounds postive keeping everything crossed

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                    • Hi CH,

                      Rights Fighter says a couple of reviews is done more often than not so I am not getting excited just yet.
                      Thanks to all who has replied.

                      Regards,

                      Ghost....B

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                      • Hi

                        Not heard anything yet if I have been charged or not. My thinking is I will be charged tomoz cause I havent heard anything today.

                        Regards,

                        Ghost....B

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                        • I wish you all the best today

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                          • Hi grababadger,

                            Thanks for your support. My feeling is a charge but its the day I start my fightback.

                            Reards,

                            Ghost....B

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                            • Quick update

                              Hi Everyone,

                              Quick update another rebail till the end of the month. Think this is my 5th now. The police officer said her supervisor had been chasing the CPS and will continue to do so. So nothing more I can say is there. Dont know why the CPS cannot decide its been with them for a good few months now.

                              Regards,

                              Ghost....B

                              Comment


                              • No news is good news and I have the feeling that you are getting used to it.

                                In the end going to the police station became in fact going to the cop shop,a routine.

                                Still keep my fingers crossed for you GB,have a nice weekend.
                                Non,je ne regrette rien.

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