Accuser appeals our NFA

[Lolo69]

Hi
On 3 march 2016 ,my husband receieved his nfa after being fully investigated by police for 11 months , then for 6 months in cps during which cps sent the case to an external independent senior counsel QC for second advice and opinion.

The accuser is a colleague of my husband in work . Now the work is investigating the matter internally , she told them at work that she did not want to pursue a case against my husband as she does not want to go to court as not expose her family to the trauma of the court, so thats why he was not prosecuted.

Today we received a letter from cps that the case will be opened and reviewed again because of a new development , and a new decision will be given in 6 weeks.

I have 2 questions

1. If an accuser state that she does not want to go to court , is that the only reason for a case to be dropped , and when she change her mind and decide she is happy to go to court , the cps will change decision automatically .

2. Why was the case fully investigated by police and cps if she was not willing to go to court from start.

If anyone can help , it will be appreciated , as it is devastating after a long wait for nfa then it is suddenly reviewed.

[Bene]

Hi
On 3 march 2016 ,my husband receieved his nfa after being fully investigated by police for 11 months , then for 6 months in cps during which cps sent the case to an external independent senior counsel QC for second advice and opinion.

The accuser is a colleague of my husband in work . Now the work is investigating the matter internally , she told them at work that she did not want to pursue a case against my husband as she does not want to go to court as not expose her family to the trauma of the court, so thats why he was not prosecuted.

Today we received a letter from cps that the case will be opened and reviewed again because of a new development , and a new decision will be given in 6 weeks.

I have 2 questions

1. If an accuser state that she does not want to go to court , is that the only reason for a case to be dropped , and when she change her mind and decide she is happy to go to court , the cps will change decision automatically .

2. Why was the case fully investigated by police and cps if she was not willing to go to court from start.

If anyone can help , it will be appreciated , as it is devastating after a long wait for nfa then it is suddenly reviewed.

Hello.

From my personal experience and understanding of how the criminal justice system works in this country. I'll try to answer some of your questions to the best of my knowledge.
In regards to your first question.

The cps are responsible for brining prosecuting offenders on behalf of the state) not the police or alleged victims. The complainant makes an allegation to the police, who than goes and investigate the matter, if the police believes there is sufficient evidence than the police can submit the file to the cps who decide on whether to prosecute or not.
Up until a case has been submitted to the cps, the victim can stop the investigation at anytime before it goes to the cps. This is what my soit officer told me. Once a case has been submitted to the cps and they decide to prosecute than in it gets tricky.

The cps can go forward with a case even if the alleged victim withdraws her/his support of the prosecution. But this is very rare and only happens in exceptional circumstance. Cps must have a lot of strong evidence, like strong DNA, CCTV or witnesses who witnessed the alleged offence take place. And it was must be in the public interest to prosecute.
I don't think the cps will drop a case especially if they have already decided to prosecute, simply based the victim doesn't want to go to court I don't think that would be enough. I don't think there is any genuine rape victim that cries tears of joy with thoughts of going to court. As Giving evidence in court is a very unpleasant experience for anyone but that reason alone don't think it would be enough for the cps.

With regards to your second question, I don't have the answers to that, as only this person can answer that.
I hope I somehow answered your question or at least helped. You can also try going on the cps website if may help.


Best of luck
X

[Lolo69]

Thanks Bene for your response

I am amazed because the accuser gave a statement of 10 transcripts to police .
The independent senior counsel QC of CPS also had a consultation with her 3 weeks before receiving our nfa on 3rd of march.
So when did she state that she is not happy to continue with the prosecution. When the process took such a long time of investigation

[Rights Fighter]

If she has simply changed her mind then the CPS will review it. I've known a few cases where it was NFAd due to the complainant not wishing to pursue it at the time, then changed their minds and it's gone to a charge.

I have to wonder why they have gone to the police if they don't want it to go further - possibly for that magical "criminal reference number" that is needed for an application for "compensation".

Maybe she was turned down for "compensation" hence the change of mind.

In the event of him being charged, it might be helpful for your sol to obtain details of any potential claims for compo to check the timings and also what she told the CICA what is supposed to have happened as opposed to what she told the police.

I am amazed because the accuser gave a statement of 10 transcripts to police .

Do you mean it is a ten page statement?

[Lolo69]

Thanks Helga

She gave a statement of 300 pages , which took 10 tapes .

Isnt she having a consultation with independent senior counsel appointed by CPS after one and half years from my husband arrest and 3 weeks before the nfa decision , a sign that she is cooperating with cps .

My husband is a gynaecologist , wouldn't it be in the public interest to prosecute him whatever the FA wishes to go to court or not