Length of bail and chargeing

[IRB777]

I have been on bail now for the best part of 9 months for a false malicious allegation of rape against my former partner, who has borderline personality disorder. I know some people have been on bail for double this amount of time i just wondered if anyone knows if you can have your case brought infront of a judge to force the cps into a charging decision. I answer bail tomoro for the 2nd time, my defence is extremely strong so im not massively worried, just want my life back. And if the idiots want to charge me so be it im ready for a fight. Any advice welcome.

[grababadger]

I assume that you cant do that, but I bet in extreme circumstaces you could ask the CPS to give your case priority-but I dont think they would ever cut short an investigation.

Let us know how you get on. I have been on bail for 9 months and my case isnt even with the CPS!!

[Incredulous]

Length of bail

Hy, I am new to the forum as a close relative has been falsely accused of rape and he s in a million bits, as is his family. Is this right that it is common place to rebail over and over like this poor chap on this thread? Nine months and another not even with the CPS? He has such strong evidence that this has not happened and it's destroying him after only a month. How on earth do people cope when your life is in bits over such horrendous claims?

[IRB777]

Unfortunately it seems so, the police take a line where they dont follow any evidence that supports your innocence only guilt. My partner had made claims against people before. i told them where to go who to talk too, they have done nothing in 9 months. It makes you think they are hoping we will take our own lives and make it easy. Dont trust them one bit they are utter scum, ive been lied too ,had them play phsycological games. Ive decided when i go tomoro im just going to take the piss out of them not answer any questions cos they never do anything, and ask for Detective Inspector Stevie Wonder to take over the case cos he would have more chance of seeing whats under nose than them.

[Casehardened]

NB for Incredulous: I have moved your other post regarding solicitors to it's own thread in the 'Justice System' section of the forum (IRB777, sorry to hijack your thread!)

[myhome]

I have been on bail now for the best part of 9 months for a false malicious allegation of rape against my former partner, I know some people have been on bail for double this amount of time i just wondered if anyone knows if you can have your case brought infront of a judge to force the cps into a charging decision. I answer bail tomoro for the 2nd time, my defence is extremely strong so im not massively worried, just want my life back. And if the idiots want to charge me so be it im ready for a fight. Any advice welcome.

I don't know if you can do this, but I went to see my MP ( after 18 months of limbo) and that brought a response from Chief Constable of the county involved so I'm hoping this will now move things to a conclusion. You could try the same.

[IRB777]

Quick update, i checked with my solicitor about getting things put infront of a judge, he said i couldnt but i could refuse to sign bail. They would bang me up and put me infront of a magistrate while the cps ran around like lunatics trying to get a decision in the alloted time. He said i would run a risk of being remanded though, and the cps may push for that just for causing them problems. Anyway thought better of that seen as the world cup semi s are on tv, and im supposed to be at work later. So i answered bail and got rebailed yet another 3 months, but some very interesting developments, the police have got my ex-partners medical records and the case has been sent to the cps. As well as rape she alleged id injured her by beating her up, burning her with cigarettes, strangling her to the point of unconciousnous and so on. I already have a witness that the so called cig burns are infact self harming scars done at school when she was 13. which i think the medical records have verified as she was sent to see a phsychiatrist at that age. The detective incharge was different with me today, he normally trys head games and trys to talk up the very weak evidence they have. He didnt today there was no bluff at all. I said to him there is no way i get charged with this i must be 10to1 against. And he nodded. He agreed ! so i asked him if the focus of the investigation was on me still or it was now on her ? he said it was on everything. My guess is those medical records have opened there eyes. Could be weeks i hope to NFA

[grababadger]

What I would like to know is why some cases goto the CPS and others don't, I was under the impression the police only refer cases where they recommend a charge? I hope i'm wrong.

[IRB777]

What I would like to know is why some cases goto the CPS and others don't, I was under the impression the police only refer cases where they recommend a charge? I hope i'm wrong.

No i believe unless the allegation is instantly dissproveable all decisions are with the cps. With serious allegations like rape they have what is called a sit down where the detective incharge of the case goes to the cps and they go through the case together, evaluate the strength of there case and the probable strength of the defence, if they have a 50/50 chance they charge. In the area that i live only 16% of cases that are sent to the cps result in charges. around 60% of trials result in a conviction. So the positive view to take is we are at least 10 to 1 against to end up convicted innocent. Probably double this as most cases of false allegation have no physical evidence and are based on one persons word against another.

[grababadger]

Interesting.Thanks for the info.