Few queries please

[reagan]

Hi,

I am a new member and have been looking at this site for a day. I must say what a great site this is having been of assistance to so many people. Thank you in advance.

I have few questions and I hope members here will be able to help me with few queries.

- I read on the site that police usually call you for interview voluntarily for a historic allegation and can request your phone. However the advice is to give the police copies of evidence as it has been lost in the past. Can I then given them another phone? or give printouts of screenshots? and keep the phone where I have evidence against the false complainant with me to be used later. Where it has been requested to hand in your phone, when do you get it back.

- What is the view on using phone recordings as evidence. Is that legal.

- If I have a strong evidence against a false complainant which will make the complaint fall apart, is it recommended to provide it to the police or to the court. This is with a view to prosecute the other person for making a false complaint. Can I do that if it is at police stage or if it goes to court?

- Is there any difference between sexual abuse and a rape allegation?

- Just so I understand the correct process, is it police complaint then crown and after then it goes to court?

Apologies if any of the queries sound naive, its just that I am doing research and preparation for my case.

Regards

[Casehardened]

Hi and welcome to the forum,

I will be 'off-line' for most of the day but will add a few quick thoughts on your queries; hopefully you will also get some more responses.

Hi,

I am a new member and have been looking at this site for a day. I must say what a great site this is having been of assistance to so many people. Thank you in advance.

I have few questions and I hope members here will be able to help me with few queries.

- I read on the site that police usually call you for interview voluntarily for a historic allegation and can request your phone. However the advice is to give the police copies of evidence as it has been lost in the past. Can I then given them another phone? or give printouts of screenshots? and keep the phone where I have evidence against the false complainant with me to be used later. Where it has been requested to hand in your phone, when do you get it back.

The risk here is that if you give them a *new* phone rather than *your* phone it implies you have something to hide; best thing is to copy all the important stuff off your phone ready to transfer to a new one

- What is the view on using phone recordings as evidence. Is that legal.

Basically it will be the judge's decision whether to admit it as evidence but I believe phone recording is only legal if all parties know it is happening.

- If I have a strong evidence against a false complainant which will make the complaint fall apart, is it recommended to provide it to the police or to the court. This is with a view to prosecute the other person for making a false complaint. Can I do that if it is at police stage or if it goes to court?

This is a tricky one and really deserves it's own thread but if the evidence discredits the complainant entirely it might be worth mentioning it to the police but if it just discredits the allegation (timing or opportunity) the complainant may just change their story........consider the response to your evidence and consult a solicitor before handing it over.

- Is there any difference between sexual abuse and a rape allegation?

Sexual abuse can just involve touching but rape requires penetration (or attempted penetration)

- Just so I understand the correct process, is it police complaint then crown and after then it goes to court?

The police will consult the CPS as to whether charges should be brought. If the CPS decide to charge and prosecute, the initial appearance will be at Magistrates; if the charges are sufficiently serious they will send the case to Crown Court for trial

Apologies if any of the queries sound naive, its just that I am doing research and preparation for my case.

You may find the general advice in this link useful:

http://www.daftmoo.org.uk/mooforum/s...at-happens-now

Regards

[reagan]

Casehardened,

Thanks for your reply.

To you and other member on the forum

The risk here is that if you give them a *new* phone rather than *your* phone it implies you have something to hide; best thing is to copy all the important stuff off your phone ready to transfer to a new one

Yes, but can I say that this (new) phone is what I normally use and then show the old one later to a solicitor ? If that sounds like a idiot can I change the sim as everyone would call me on that one? How long is your phone normally with them ?

This is a tricky one and really deserves it's own thread but if the evidence discredits the complainant entirely it might be worth mentioning it to the police but if it just discredits the allegation (timing or opportunity) the complainant may just change their story........consider the response to your evidence and consult a solicitor before handing it over.

This was more in relation to can I make a case for perverting the course of justice or false allegation if the case results in a nfa from the police or is thrown out by the judge. Does it have to go to a court for that or even if I get nfa can I make a case for false allegation ?


The police will consult the CPS as to whether charges should be brought. If the CPS decide to charge and prosecute, the initial appearance will be at Magistrates; if the charges are sufficiently serious they will send the case to Crown Court for trial

What normally happens at the magistrates?

Also thanks for the link, useful and exactly what I wanted.

Regards

[Casehardened]

I appreciate that my answers are probably not what you want to hear, I guess I've been here too long

Regarding the phone and playing devils advocate, if I was OIC and discovered you had given me a phone which you had bought just before the interview I would suddenly get interested in the case; if it was bought three months prior, no problem, after all folks are always changing phones.

Regarding you starting a prosecution for PCJ, this will be difficult and expensive for you, the police might do it if she is a serial offender and/or admits she has lied (but don't hold your breath!)

All cases start at the Magistrates Court; if the offence is such that the sentencing range would be within their powers to hand down in the event of a guilty verdict, they can try the case. They will remit more serious cases to Crown Court as the judge there has greater flexibility with sentencing.

To make it more confusing, some offences are 'either way' which basically means that the defendant can choose which Court to be tried in; this is a complicated decision to make as statistically Magistrates are more likely to convict than a jury, but the penalty for a guilty verdict is likely to be lighter.

[reagan]

Thanks again.

Sincerely appreciate the work you are doing here.

Regards