OIC cancels evdidence meeting

[terrifieddad]

First things first, if there are to be charges, it is highly unlikely that a court will hear those charges until the new year. If so, it will only be the magistrates court. In any case where you would expect a sentence of more than a few months, it will then be referred to the Crown Court. That hearing, where a plea is entered, will take place a few weeks later. It would be normal (unless the police hold you in custody) for the process from police charge to Crown Court to take around 6-8 weeks. If held in police custody, the magistrates will hear the case on the next available session (usually within 24 hours), with the Crown hearing about 2 weeks later. As long as no bail conditions have been broken, both the magistrates and the crown will usually bail under the same conditions.

The police may lack sensitivity, but I doubt even they would call in the middle of Christmas Dinner unless they really believe that there is an immediate risk of interference with witnesses, committing further offences or absconding. They tend to have enough to deal with over the festive period and will try to clear up urgent outstanding matters beforehand or leave less urgent matters for afterwards.

[weary]

Thanks for the info about procedures, which was useful as to be honest we haven't thought past a possible phone call, letter or visit saying he has been charged - that alone before Christmas would be devastating, as our children, adults now, have no idea about the other two NFAs following her accusations, one before they were born and one when they were only children. It's that more than anything that is the worry. I just cannot understand how the CPS can possibly think they can have a case - third time "unlucky" so to speak - but the climate has significantly changed since the last time she did it.

[terrifieddad]

Thanks for the info about procedures, which was useful as to be honest we haven't thought past a possible phone call, letter or visit saying he has been charged - that alone before Christmas would be devastating, as our children, adults now, have no idea about the other two NFAs following her accusations, one before they were born and one when they were only children. It's that more than anything that is the worry. I just cannot understand how the CPS can possibly think they can have a case - third time "unlucky" so to speak - but the climate has significantly changed since the last time she did it.

The CPS seems to be a law unto itself these days. Some of the most obviously false allegations seem to be going through the courts and some of the most obviously true cases seem to be dropped. It would not surprise me if the CPS actually selected cases at random. In reality, I think the political climate means that the CPS errs on the side of caution so most cases go to charge.

As for possible charges running Christmas, it is up to you not to let it. It is hard I know, but charges are not the negative you may think. It will give him the chance to fight and put this business to bed once and for all. Yes, it's a long hard process but if it happens, it can be a blessing in disguise.

At the moment, the thing most likely to ruin Christmas is worrying about it being ruined! Just be determined to enjoy it. I might not have the luxury of a Christmas this year, as my trial starts a week on Monday. Even if justice is done and I am acquitted, I probably won't be able to see my children anyway. I'm not moaning or having a rant, but what I am saying is that you know you will be able to have a family Christmas this year. So please enjoy it as best you can.

[weary]

Thankyou for a great post - and I'm sorry now for complaining and worrying about Christmas - you are very strong to be supporting others when your own time is difficult - I'll watch your other thread with interest and be hoping for all the best for you in the coming weeks.

[terrifieddad]

Thankyou for a great post - and I'm sorry now for complaining and worrying about Christmas - you are very strong to be supporting others when your own time is difficult - I'll watch your other thread with interest and be hoping for all the best for you in the coming weeks.

I don't think you are complaining at all. You have every right to be worried in what is an incredibly tough time and venting that on here may help you. I just know that such anxieties have a habit of being self-fulfilling. I don't know what the future holds for me except that I now have the opportunity to put my side before a jury of my peers. I also know that however it goes, the Christmas I would like isn't going to happen. But I will do everything I can to enjoy it. I just wanted you to realise that it is possible for you to have a good Christmas. One thing I have learned is that you need to live in the moment.

[weary]

Recorded delivery?

We're away from home at the moment but the neighbour checking out the house says that on 23rd December there was a card saying something needed signing for with ID because it was recorded delivery letter. Of course it might be anything but weary's main thought is that it might be the CPS or police saying he has been charged. We'll be back in a couple of days and find out but is it usually the case that the charge is made by post, signed for like that or might it be something different? How harsh to inform us a couple of days before Christmas if that is the case, and would we not have been informed by the OIC? The last two times the same allegations were made (twice over the last nearly 30 years) he was informed directly by the OIC but of course, times have changed, which is why the false accuser thinks she can make the same allegation a third time and take it further this time.

[can it get worse]

I hope the outcome of the letter was positive.

[YearsOfHell]

You can't relax when these things are hanging over us.
It's just torture when you can't even enjoy the holidays because of it.
I really hope it wasn't anything serious.
Keep strong
YoH

[weary]

nearly a year

Turned out to be unconnected in the end - shows how paranoid we get. Weary is out of the country on a holiday for a couple of weeks and so phoned the OIC to inform him - OIC just made a note and said he'd let weary know if he heard anything. The OIC first got in touch last April and so it is not far off a year soon. It struck me that maybe the CPS have other more recent and more pressing cases than our one, which was NFA'd twice already. But I do do wish they would get a move on. At least weary is thinking that if they do decide to prosecute it will be a great opportunity for him to show his side of the story (and annhilate the FA) Even as I write that, I think that is a cruel thing to say, but she has done crueller.

[sqounk]

I was just wondering how your case could be NFA'd twice already? Was there more evidence for another allegation?

[weary]

I was just wondering how your case could be NFA'd twice already? Was there more evidence for another allegation?

No - no evidence - just that because the police either lost or destroyed the details of the allegations the first time, the FA was able to make the allegations again. Same for this time, even though weary my O/H specifically asked the police to keep the details this second time in case she did it a third time - which she has - they didn't keep them so he has had go to through the same stuff a third time. (The police said this time round that they don't keep NFAs for ever, hence why there is no record.

[weary]

It's now 13 months

It's now thirteen months since my O/H weary was questioned by the police regarding unlawful sex decades ago -he has already been questioned and no case found to answer twice before in the last three decades (I don't want to reveal too much because after the first time no action was taken, the woman took her story to the press and after the second time she embarked on a crusade of vandalism) Because the notes of the last two times were destroyed/lost, he had to be investigated a third time as a new case. (Just saying that to let others know) I just don't know how long we will have to wait for them to make their decision. We got the impression from the OIC ( a retired officer who does this job part time) that although the interview was last April, he didn't send in his paperwork until August/September. I don't want to say more in case of giving too much away. But how long can this go on for? The worst of it is, we think as more time goes by, we start to hope nothing will come of it again, but then fear we dare not hope that, in case this time, in the current climate, the CPC decide to take a different approach. (Mind you , the police will then have to justify having dismissed it twice before; that will be interesting!)

[Peter1975]

I'm sorry that this is dragging on for you, sadly there is no answer to your question.

It's more than possible for instance that the cps has decided to take no further action for a third time but have been forced to reexamine their reasons by the complainants right to have a decision not to prosecute reviewed. (The complainant is generally always notified first and given the option of a review)

It's also possible that the file sits on an overworked CPS lawyers desk, covered in dust.

You could get a phone call or a letter next week, next month.. no one can say. You could try phoning the OIC and asking nicely but they are not obliged to tell anything.

Hang in there

[weary]

Update

So a male and female from police turned up to ask ME questions today - me the spouse. They said the CPC had asked them for more information so they came "Just to get my side of the story" etc. Well I gave them my side of the story - all true and honest, including the damage (psychological and criminal) done by the accuser over the last decades. I wondered if they were hoping I'd say something to incriminate weary? My only consolation is that, if they are still searching seventeen months later, they obviously don't have enough yet to go on. But on the other hand, if they don't have enough to go on, why can't they just call a halt to it all?

[Peter1975]

It's quite unusual for the police to take a statement from you. I am guessing that it is background and corroboration of Mr W's version of the relationship that they were after for some reason. Clearly something does not sit right with the cps, hopefully this will go in your favour and they will finally NFA the case.