Bail date this week - confirmation CPS have reviewed

[Michellesmith3688]

For the past year me and my partner have been dealing with his accusation of rape. Today we were told that the CPS have reviewed this case however they feel some questions were missed so wish to ask him
These questions before they make their final decision on charge or no charge 😬

Im frightened that they will charge him and my life will be turned upside well more than it already has been.
Has anyone had any experience with them wanting more questions and stating they will give a decision immediately after tgis. People i have confided in with this email believe he is going to be charged which worries me. I dont know if i have the mental stability to see this through a court case.

[Aidy]

I have no experience in this matter, so I can't really advise!
One thing I would say is this...
I was dreaming being charged!!!
I really didn't think I could handle it...but I was charged (incredibly seeing as
there was No evidence!!!)
But, I have rolled my sleeves up, and I decided to stand up and fight!
I will NOT let this liar get the better of me!

Keep strong and keep posting

Best of luck Aidy x

[surplusyew]

Guys please remember the police caution -You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

which means I'm my eyes that if I don't mention my defence in interview and yet later rely on it in court, essentially my interpretation is that a no comment interview will go against you negatively in court. I'm sure Ive read a thread by Chris Saltrese about this on the forum as well. However please don't make any decisions which may affect you without consulting your solicitor or other trained legal professional

[Casehardened]

For the past year me and my partner have been dealing with his accusation of rape. Today we were told that the CPS have reviewed this case however they feel some questions were missed so wish to ask him
These questions before they make their final decision on charge or no charge 

I suppose the positive spin is that they presently do not have enough evidence to charge him (and the negative aspect is that they are hoping to uncover some in a further interview: however I do have some thoughts re. Bob's advice for a no-comment interview which I'll post up tomorrow)

[TBG1]

Hi Michelle,

Whilst I was never asked for a 2nd interview, it was one of the countless things I prepared for just in case it happened.

Your partner's Legal Rep or Solicitor plays a vital role here because (as I understand it) the Police are not allowed to ask any question that has already been answered and he/she should therefore listen very closely and interject if necessary. So you really do need to ensure that the LR/Sol that was present n the first interview attends the 2nd. They should ensure that the Police don't try to have "2nd bite" of a cherry they've already bitten.

As for going no comment - I have no real advice either way, other than to say that if your partner answered questions willingly in the first interview, it perhaps might be unusual to no comment in the 2nd - BUT your Legal Rep/Sol should be able to settle the debate as to whether that might be the right thing to do.

Best Wishes

TBG1

[Casehardened]

My "no comment" interview was on the advise of my solicitor, they changed the caution to frighten people into talking when arrested.

bob

It is absolutely correct to follow your solicitors advice, however many solicitors do advise responding to the questions and more significantly some interviewees do not avail themselves of the offer of a duty solicitor so it is necessary to put the balancing viewpoint.

We need to make a distinction between 'normal' criminal activity and that involving sexual offences as it is highly unlikely for the Crown to prosecute the former without physical evidence while, as many members will attest, it is almost standard to investigate the latter based only on a verbal accusation.

Often, especially in historical cases, there can be no physical evidence and therefore, if the case proceeds to trial, the jury will be asked to come to a decision based purely on witness statements.

Rightly or wrongly, the average jury member will have a perception that a no-comment interview equates to guilt, and the judge's direction during summing up that this was on the advice of his/her legal representative and therefore an adverse inference should not be drawn may not overcome this misapprehension.

It is important that everyone follows the course of action that they feel is correct for them otherwise, should things go wrong, the blame game will start, however my advice, FWIW, when faced with a false sexual offence accusation, is respond to questioning honestly and concisely. Any elaboration, counter-accusations, or side-tracking will simply lead to further lines of questioning and prolong the interview unnecessarily and may even, as Bob mentioned, inadvertently give the police ammunition which they weren't previously aware of.

A solicitor, of course will be aware and keep the interview on track. The universal advice from members would be that if a interview is prearranged (as opposed to a doorstep arrest) to arrange for a firm experienced in defending false allegations to be present.

[Rights Fighter]

if you go "no comment" then it could receive an "adverse inference" from the judge, especially if going no comment was not on legal advice. Even so, depending on the circumstances the judge can still direct the jury in certain ways, along the lines of:

"well ladies and gentlemen of the jury, you heard he had legal advice to go no comment, for specific reasons, for instance a prepared statement was made, so you must not hold that against him"

or

"well ladies and gentlemen of the jury, you heard he had legal advice to go no comment on some or all of his interview, but in this case it was still his choice to not answer all of the questions and you might want to take that into consideration......." (unusual direction but does happen on occasion)

or

"well ladies and gentlemen of the jury, you heard that he had legal advice to answer all the questions but he chose to go no comment. You might want to take that into account......."


Please note that these are not direct quotes from specific Judge's Summings Up (JSU) but they are "along the lines of...."

[Lucky]

on a return interview, it would almost feel like they are asking you to fill in the gaps, of what they can't prove so far.

I wouldn't say a word, because if they had enough evidence to charge..they would.

my opinion anyways

[soulbug]

on a return interview, it would almost feel like they are asking you to fill in the gaps, of what they can't prove so far.

I wouldn't say a word, because if they had enough evidence to charge..they would.

my opinion anyways

I am of a similar opinion also , but consider this , I believe they cannot re-ask the same question , your solicitor should pipe up at this point and say "My client has already answered that question" ask your solicitor about this .

[Rights Fighter]

I am of a similar opinion also , but consider this , I believe they cannot re-ask the same question , your solicitor should pipe up at this point and say "My client has already answered that question" ask your solicitor about this .

They should do, but they don't always do the job properly. As far as some are concerned it's a conveyor belt.....

[slowdown73]

My case went to the CPS three times before they made a decision - usually it indicates there was insufficient evidence at the time to charge but they want to explore or clarify some further matters before reaching a final decision. It doesn't mean you will be charged as I wasn't but sometimes these things can be dragged out for various reasons such as the accuser providing contradictory information or changing their story.

I would never recommend a "no comment" interview because it might look like you have something to hide and it could potentially be used against you. A more open approach works better in my view but seek advice from your solicitor first.

[Michellesmith3688]

Charged

Thankyou for all your honest replies. Unfortunately my partner was charged yesterday not only with one count but 6 throughout his relationship with this girl. My heart is broken but all we can do is fight the prosecution and hope the truth prevails.
The reinterview was regarding some DNA found around the area and he did reply no xomment under advice from his legal representation.
I cannot quite believe how many peoples lifes are turned upside down from these accusations its good to know there is a forum like this for support.

Regards

[Franticwithworry]

I'm so sorry to hear this. Please help him make sure that he gets a solicitor he can be confident in and one who has relevant experience. There is a thread on here with recommendations if he hasn't found one already.

for you both.

[myheartisbroken]

Sorry to hear your partner has been charged, it certainly knocks the stuffing out of you. I know exactly how your feeling.
Thoughts are with you

[Broken-hearted]

Echo the above so sorry to hear he has been charged and as franticwithworry has suggested if you haven't already been in touch with a solicitor have a look in the thread for recommendations both private and legal aid.

Stay strong and look after each other xx