Police and CPS

[grababadger]

Can anyone tell me, if the police pass on the 'file' to the CPS for a charging decision. Does this mean the police recommend a charge or could it mean they don't recommend a charge but still need the CPS to make that decision.

[is there justice?]

As far as I know, the CPS make the decision. Whether the police make a recommendation or not or the CPS follow it, I don't know.

[tiger mum]

Hi - my son's solicitor explained to us that it is the police's job to investigate and gather the evidence, its the CPS's job to decide whether that evidence is sufficient to prosecute. He said the police will say "its up to the CPS - its not our role to decide" but it was his view that the police are very influential in how the evidence is presented and the CPS will ask their opinion - especially their view of the alleged offender/victim/witnesses - rather than just sending a summary of the evidence they have a conversation about it - which means there must be scope for subjective discussion.

When the police were investigating the case against my son I was getting very frustrated with their progress and angry that they were ignoring the fact he was a 14 year old going through hell (whilst the "victim" continued to party and laugh it all off). My son's solicitor was keen to do the chasing up of progress etc rather than me because he didn't want me to wind them up - he stressed that we needed to keep the OIC on 'on our side' - his advice being that it is worth maintaining as good a relationship with the police as possible as you are at their mercy.

I don't think the police are on the FA's side - in my son's case when they were interviewing witnesses they ignored comments which supported my son's innocence. So - the police can influence how the case is presented so don't trust them but don't make enemies of them either. Actually in our case it never went the CPS - the police concluded NFA - which I have heard is NOT their decision to make - however there were other factors involved (like the girl asking them to drop it). There are guidelines on what the police are meant to do and then what actually happens - there is a difference.

[Faith]

tiger mum is right, where sexual offences are concerned, it is the norm for the file to be passed to the CPS and generally, it should be decided by two seperate senior CPS lawyers as to whether charges are brought based on the charging guidelines. There has to be sufficient evidence as shown in the guidelines and it also has to be in the public interest (it nearly always is considered in the public interest to prosecute where a sexual offence is alleged to have been committed)

The police, despite what they may say, do get an input into the decision as the CPS will generally seek their thoughts and position on the matter given that they have spoken directly to the suspect, accuser and witnesses. However, the final decision rests with the CPS. The length of time the decision takes varies and how much they rely on police opinion will vary too. Often these things can be delayed as the CPS may see that there is insufficient evidence but want the police to explore other avenues or re-speak to witnesses before taking the decision to charge or NFA.

[lawlessone2009]

There exists an underlying issue. The Police can be biased and present 'the file' which 'encourages' the prosecution to charge.

This is a strange and costly issue within the legal system. I actually believe that there should be an allowance for the defence to view the 'file' before it is passed to the prosecution and for the defence to highlight areas that are either missing, not given proper substance or are plainly wrong. Obviously such a change would carry with it many issues but I don't see why, in the long run, it would not be practical and beneficial.

At the moment, however, the charging decision in England and Wales is for the CPS. As Tiger Mum points out there are some cases where the Police can reach a decision. If the Police are indicating that the file is of to the CPS for consideration then it would indicate that as far as the Police are concerned they have completed their investigative stage and it is now time for the CPS to carry out their review. It is not uncommon for the CPS to ask the Police to carry out further investigating.

I would say that the 'file' being passed over is a milestone. The end is drawing closer which can only be a good sign as it means the uncertainty and anxiety will soon be drawing to a conclusion. What happens next however could be a completely different ball game.

[Rights Fighter]

Absolutely correct LL1. The police and the CPS are under pressure to meet and go beyond Government set rape conviction targets so more often than not the police will 'recommend' it proceeds. More often than not the police will assume the allegations are true and in fact they are directed so to believe. This was yet another recent amendment to how they should 'investigate' these offences (and alleged offences). However just because an OIC recommends it proceeds does not necessarily mean that the CPS will agree.

Complainants are referred to as 'victims' from the get-go.

[grababadger]

Brilliant guys, thank you so much for all the advice/views. I've heard if the file goes to the CPS you can send the CPS a letter (direct) outlining your reasons as to why you should't be charged.

If the police goto the CPS for advise, I wonder what kind of advise it is they require. I've read a lot of literature on the CPS guidelines, but obviously it is non-definitive when there are so many variables involved.

Never in a million years did I expect myself to be trawling through such documentation. It would be interesting to see what the police forward and whether they add their own spin on defence material.

Thanks again folk! you're all great.

[Faith]

I would take solicitors advice on whether to write to the CPS. Depending on the tone and circumstances, a letter telling them what to do may well get the backs of the CPS up.

[grababadger]

You're probably right Faith, however I find it a little more than disturbing that any reaction when trying to prove your innocence should be meant with annoyance.

Why is that the 'alleged victim' always has a port of call, yet the accused (who should be assumed innocent) has nothing, nobody to keep in regular contact with or liase with regarding progress-It's disgusting.

How many people have to be falsely accused before something is done?

[lawlessone2009]

It sounds sensible to be able to put your version of things directly to the CPS but I would avoid at all costs.

I'd avoid them full stop.

I sent a letter complaining AFTER the case against me had timed out (Scotland) and I quickly found myself in court subject to Section 65 (8) of the Criminal Procedure (Scotland) Act 1995!!!

Of course... I quite regularly contact them nowadays... Got MASSES of complaints in all over the place......

[grababadger]

So why do you regulary contact them now and what was the result of the court hearing?

[lawlessone2009]

So why do you regulary contact them now and what was the result of the court hearing?

I regularly contact them now as I have masses of complaints against them. I'm in the process of beginning to lodge a civil action against them. Part of the process is that I exhaust their internal complaints procedures first. I'm currently at the last stage of the complaints process.

I similarly have complaints in with the Police. My first complaint is now at it's final stage and my second complaint is nearing the end of the first stage.

I do a lot of complaining because there is a lot to complain about in my case.

The outcome of the case against me was that the prosecution lost. They breached the Criminal Procedure (Scotland) Act 1995 then attempted to fall back into it and were eventually stopped by the High Court in Edinburgh where an appeal was successful. They basically timed themselves out and then attempted to re-raise proceedings against me (not long after I sent them a nasty letter!) but the appeals court stopped them.

They went on after that to attempt to wipe out the importance of the ruling against them that resulted from my appeal by taking in someone else who was facing a catalogue of very serious offences. They also lost that case which has opened the door for me to slip on in and sue as there is now nothing standing in the way.