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  • Can Anybody Hear Me?

    Sorry to sound arsey but I posted a very relevant enquiry on the site a couple of days ago with virtually no response. You all seem too busy sticking bananas on posts to bother looking at other issues. It's called the 'Victims Right to Review'.

    http://www.cps.gov.uk/publications/d...dance_2014.pdf

    As I've stated on another post, as far as I can see, NFA means bugger all. If the 'victim' doesn't like the CPS decision, they can contest it and ask for another shake of the dice. They potentially have up to 3 months after the NFA to do this, and if after a further CPS decision, they still don't like the outcome, they can ask for a further review. Yep - really. Would be grateful if people could stop waving bananas about and provide some informed views on this. I've been in hell for 11 months, received an NFA, but that still ain't the end - no sir-ee. I'm on this site looking for help but don't seem to be visible...

  • #2
    Hi,

    You are making the common mistake that this forum is funded and has several professionals sitting in an office waiting for folks to write in with requests for legal information which they then research and respond to; while in fact it is composed of folks like yourself who have been through a false accusation and come out the other side (or more significantly, are still going through the process) and partners who are supporting them by searching for help and information.

    So you will see this is a mutual support group who have arrived here under this umbrella provided by Phil (and paid for out of his own pocket!) though searching on the web for 'Falsely Accused of Rape'

    The bananas which you denigrate are an expression of relief and gratitude and perhaps it would be good if you could be supportive of those members who are still waiting for them rather than sounding off because no-one can answer your query.

    Sorry to be blunt.

    Originally posted by angstman View Post
    Sorry to sound arsey but I posted a very relevant enquiry on the site a couple of days ago with virtually no response. You all seem too busy sticking bananas on posts to bother looking at other issues. It's called the 'Victims Right to Review'.

    http://www.cps.gov.uk/publications/d...dance_2014.pdf

    As I've stated on another post, as far as I can see, NFA means bugger all. If the 'victim' doesn't like the CPS decision, they can contest it and ask for another shake of the dice. They potentially have up to 3 months after the NFA to do this, and if after a further CPS decision, they still don't like the outcome, they can ask for a further review. Yep - really. Would be grateful if people could stop waving bananas about and provide some informed views on this. I've been in hell for 11 months, received an NFA, but that still ain't the end - no sir-ee. I'm on this site looking for help but don't seem to be visible...
    You obviously have researched this very well and I guess no-one is going to disagree with your view that it is unjust.

    As what we can do about it I've no idea, we are all aware that this is an unlevel playing field though I suppose it means that the accused can also contest the NFA.
    'What doesn't kill you makes you stronger'

    Comment


    • #3
      I've not heard of anyone being nfa'd and then the accuser getting this overturned. (Perhaps others have?) my suspicion is that it's highly difficult to alter the view of the cps without something new to go on.

      You say NFA means bugger all. Wrong. It is the result of the investigation of the police and cps and normally because it is determined there is a lack of evidence. It is a clear message that the case to prosecute is weak/flawed.

      For most people a NFA means you can put it to one side and resume your life again, I'd suggest you do that. Is any particular reason you have to think that the accuser is likely to contest or has any new evidence? If not don't worry about things that might happen

      Comment


      • #4
        For what it's worth ; unless you've got insight into how your false accuser reacts to losing. Reading various threads for some time on here, it sounds like an unlikely situation, as I can't see any where this has happened, that they would wish to start it up again. As each time they do - it could be building a case of them wasting police time etc

        So not sure you have any other options than try to get on with your life but retain all your info to date and diarise everything going forward.....

        I wish we had nfa !
        Try not to worry ... Good luck
        Innocentson

        Comment


        • #5
          It seems that the VRR is simply placed there due to the Public Prosecutor being accused of being "unfair" to victims.
          In a fair society an agency cannot simply make a decision and then say it's totally final.
          The VRR has been included in legislation so that any miscarriages of justice can be ressurected and re checked.
          If you were the victim of a crime and the decision was made to discontinue with a case you would hope this would be an option for you.
          However, a decision NOT to prosecute or to discontinue with a case is not made lightly.
          The alledged victim is always given reasons for the decision and unless they are able to prove that there was an error made, the decision will stand.
          It is possible that cases will be restarted but it is relatively rare that an error has been made.
          The victim cannot have a case reopened simply because they don't like the decision.

          For The Record:
          We are all just ordinary people here on this forum who's lived have been changed by these allegations, and unfortunately, we're not on line 24/7.
          This would account for the delay in replying to your thread.
          Not that we are not interested in offering assistance.

          Best of luck
          YoH

          Comment


          • #6
            Originally posted by joe_3178 View Post
            I've not heard of anyone being nfa'd and then the accuser getting this overturned. (Perhaps others have?) my suspicion is that it's highly difficult to alter the view of the cps without something new to go on.

            You say NFA means bugger all. Wrong. It is the result of the investigation of the police and cps and normally because it is determined there is a lack of evidence. It is a clear message that the case to prosecute is weak/flawed.

            For most people a NFA means you can put it to one side and resume your life again, I'd suggest you do that. Is any particular reason you have to think that the accuser is likely to contest or has any new evidence? If not don't worry about things that might happen

            NFA's (and NO-Crimes) can be resurrected.

            I've just sent off an application for appeal via the CCRC. Allegations were made in 2004 and were No-Crimed. They were resurrected in 2012 after the sister of the complainant decided to add her two penn'orth.

            He was actually found NG on the first complainant and G by a majority of 10/2 on the one who came forward 8 years later.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #7
              Originally posted by Casehardened View Post
              Hi,

              You are making the common mistake that this forum is funded and has several professionals sitting in an office waiting for folks to write in with requests for legal information which they then research and respond to; while in fact it is composed of folks like yourself who have been through a false accusation and come out the other side (or more significantly, are still going through the process) and partners who are supporting them by searching for help and information.

              So you will see this is a mutual support group who have arrived here under this umbrella provided by Phil (and paid for out of his own pocket!) though searching on the web for 'Falsely Accused of Rape'

              The bananas which you denigrate are an expression of relief and gratitude and perhaps it would be good if you could be supportive of those members who are still waiting for them rather than sounding off because no-one can answer your query.

              Sorry to be blunt.



              You obviously have researched this very well and I guess no-one is going to disagree with your view that it is unjust.

              As what we can do about it I've no idea, we are all aware that this is an unlevel playing field though I suppose it means that the accused can also contest the NFA.

              Well said. It does annoy me when people seem to assume that we are here with nothing better to do than to respond to new members virtually as soon as they arrive. If the OP took the trouble to read other threads he will have seen that time and again it's been said that this is a self-help forum/group and the more support one gives to other people, the more support will come back.

              I have to smile sometimes, when somebody just posts on the sols/barristers thread a request for an experienced sol in a certain part of the country, instead of searching the threads. It's as though people believe that one or more of us will snap to it and do the research for them.

              I had to stop my PM facility due to people messaging me instead of posting on the forums.
              Last edited by Rights Fighter; 24 October 2015, 10:45 AM.
              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

              Comment


              • #8
                Casehardened
                You obviously have researched this very well
                It's not difficult, I have a solicitor and an internet connection. The policy document is online for all to see. Very commendable that somebody pays for the forum etc etc. Unfortunately people like me, look online for real practical help and advice in a desperate situation.

                If what you're saying is that you know nothing about current legislation, have no insight or experience in these matters and it's anybody's guess as to the likely course of events, then I'm not sure what the point of the site is.

                I am always supportive of people in difficult situations and I demonstrate this by doing a little basic research and attempt to offer practical advice based on knowledge.

                As there are many hundreds of posts on here, I don't think it's unreasonable to suppose that someone e.g a Moderator, just might have heard of a fairly major piece of legislation, particularly since it's recently been newsworthy, with regard to Tom Watson's address to the DPP in relation to Leon Brittan.

                My previous post sat there for several days with no replies, I would at least have expected a Moderator's response. It's interesting that this post has had several replies to my issue, within a few hours of posting it with a provocative title. It was done deliberately to attract some attention. If there is no moderator to routinely look at new posts etc. the site is not providing any sort of service to those with very real problems.

                The fact remains that it would seem an initial CPS decision is only one stage in an ongoing process, designed to elevate successful prosecutions. If the ‘victim’ has the mechanism to overturn decisions that they don’t like, then why wouldn’t the 'victim' appeal? As somebody else commented
                Is any particular reason you have to think that the accuser is likely to contest or has any new evidence?
                Well if somebody is prepared to walk into a police station and accuses you of XY and Z, then there is really nothing to stop them going to appeal, is there?

                It doesn't seem unreasonable that somebody might have seen this legislation in practice and have some comment or insight they might wish to add. That is what I'm seeking, not a banana.

                Comment


                • #9
                  YoH
                  The VRR has been included in legislation so that any miscarriages of justice can be ressurected and re checked.
                  No, the VRR is there so that the 'victim' can have a second shake of the dice if they don't like the CPS decision. There is no review of the 'victim's' right to appeal, that is a simple process if undertaken within the given timeframe. It effectively undermines the purpose of the CPS, by suggesting that the initial decision is unsound and gives anybody the right to have at least two different attempts at gaining the outcome they seek.

                  Comment


                  • #10
                    RightsFighter
                    Well said. It does annoy me when people seem to assume that we are here with nothing better to do than to respond to new members virtually as soon as they arrive.
                    Why the hell would anyone be on here otherwise? It's not Facebook, it's a forum for those in distress. You are a 'Senior' member, I assume you spend a lot of time here, shame you don't have any good advice to offer.

                    Comment


                    • #11
                      Originally posted by angstman View Post
                      YoH

                      My previous post sat there for several days with no replies, I would at least have expected a Moderator's response.
                      Why would you expect a reply?

                      You are not listening to a word you are being told. This is a public forum, no one is under any obligation to provide you with information, and certainly not in whatever time frame you deem to be acceptable.

                      Nonetheless you've had a range of answers from people who are keen to help

                      I think in fact you've come on here to get in a fight with everyone (to try and make yourself feel better) and you are starting to look rather comical and if Im honest a little weird…

                      Comment


                      • #12
                        Originally posted by angstman View Post
                        Casehardened


                        It's not difficult, I have a solicitor and an internet connection. The policy document is online for all to see. Very commendable that somebody pays for the forum etc etc. Unfortunately people like me, look online for real practical help and advice in a desperate situation.

                        If what you're saying is that you know nothing about current legislation, have no insight or experience in these matters and it's anybody's guess as to the likely course of events, then I'm not sure what the point of the site is.

                        I am always supportive of people in difficult situations and I demonstrate this by doing a little basic research and attempt to offer practical advice based on knowledge.

                        As there are many hundreds of posts on here, I don't think it's unreasonable to suppose that someone e.g a Moderator, just might have heard of a fairly major piece of legislation, particularly since it's recently been newsworthy, with regard to Tom Watson's address to the DPP in relation to Leon Brittan.




                        My previous post sat there for several days with no replies, I would at least have expected a Moderator's response. It's interesting that this post has had several replies to my issue, within a few hours of posting it with a provocative title. It was done deliberately to attract some attention. If there is no moderator to routinely look at new posts etc. the site is not providing any sort of service to those with very real problems.

                        The fact remains that it would seem an initial CPS decision is only one stage in an ongoing process, designed to elevate successful prosecutions. If the ‘victim’ has the mechanism to overturn decisions that they don’t like, then why wouldn’t the 'victim' appeal? As somebody else commented Well if somebody is prepared to walk into a police station and accuses you of XY and Z, then there is really nothing to stop them going to appeal, is there?

                        It doesn't seem unreasonable that somebody might have seen this legislation in practice and have some comment or insight they might wish to add. That is what I'm seeking, not a banana.

                        With all due respect to everybody......I do actually agree with angstman about the VVR LEGISLATION I have had a read at the link and....to be fair to angstman I had no idea about this.... So it is very good that this has been brought up as it is very important.

                        As angstman is implying it does state that the false accuser or "victim" has within 3 months to appeal.

                        I think we should perhaps ease of Angstman as I believe he has raised "awareness on a very important issue" and carry on supporting each other here.

                        At the end of the day....thats all we can do learn from each others experiences.....heartache.....take advice.....and in some respects the advice given on this forum site is probably better and more genuine from else where because people like myself have experienced first hand about being falsely accused!
                        Thanks to angstman for raising this issue as I have learned a new price of legislation is VVR

                        On the subject of not having a response to your post.....don't take it personally....as mentioned above we are just a normal folk....I sent a post about seeking advice about the child contact order....court hearing....I was after advice......I had no response.... But I never took it personally.... Because people are more likely to offer support if they have gone through similar events or have in Interest in the subject.

                        Regards to everybody
                        Last edited by Arsenal12; 24 October 2015, 11:31 AM.
                        Turn the pain into power. ::

                        Comment


                        • #13
                          Sorry but there's no excuse for insulting and offending others that are trying to help, as this user has been doing this morning with no appreciation of any responses from the last few days.

                          Helpful information and insight is massively appreciated. Aggressive behaviour isn't

                          Comment


                          • #14
                            Originally posted by joe_3178 View Post
                            Sorry but there's no excuse for insulting and offending others that are trying to help, as this user has been doing this morning with no appreciation of any responses from the last few days.

                            Helpful information and insight is massively appreciated. Aggressive behaviour isn't
                            Yes I absolutely agree with you...insulting or aggressive tone is unacceptable..... But perhaps angstman was feeling emotional.... As we all know to well it is a very traumatic experience for all of us being falsely accused.

                            I think we should get back to the "POINT" in HAND about VVR as I mentioned before I had no idea about this....so it is important to inform fellow people.

                            Kind regards
                            Arsenal12
                            Turn the pain into power. ::

                            Comment


                            • #15
                              Why would you expect a reply?
                              Err..it's a forum?

                              You are not listening to a word you are being told.
                              I'm not being told anything, except that I should not expect to be told anything....

                              I think in fact you've come on here to get in a fight with everyone (to try and make yourself feel better) and you are starting to look rather comical and if Im honest a little weird…
                              No, I came to the forum looking for some experience of current UK legislation, obviously a mistake.

                              Comment

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