Announcement

Collapse
No announcement yet.

Urgent Advice Needed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Urgent Advice Needed

    Hi All.

    New here, and I am going to have to be careful in any details I post so my posts may be fairly vague so I apologize for this.


    Basically, an ex partner of someone I know made a false allegation of rape over a four year period.
    Both the partner and another member of his family were arrested last year, early 2016 for multiple rape.

    After being interviewed and held in custody for 36 hours, both were released on bail as the CPS at that stage refused charge, their bail was initially for three weeks as the "Police" said that they believed they'd be able to obtain sufficient evidence to charge by then.
    That bail date came and they were both rebailed as no progress was made.

    They were bailed again for two months, then rebailed again for three months then the final time for seven months.

    The latest updates are that in November 2016, last year, "Police" had a face to face with the CPS which after said they wanted more evidence and more enquiries made, they sent the OIC away with a shopping list to what they needed to obtain.

    Their bail date is due in a few days, with this time no extension being made - usually this happened two weeks before saying it had been extended.

    Last week Police obtained third party, social services records and that's the last update.

    Sadly, since the arrest, one member of the family who was arrested who is in his 80's has for very ill and very fast - I would expect that if he's charged, he won't be alive to see a trial due to how ill he is (Lost 6 stone, barely eating, not sleeping, chest pains, doctor aware).
    The partner is similar, a changed person already, doesn't socialize anymore and is withdraw.

    My questions are, how soon is the OIC likely to have a charging decision? Weeks before/days or hours?
    Can legal personnel request postal charge? To lesson impact and so its less intimidating.
    How soon from charge to magistrate hearing will it be? A week or less?
    What sort of level of evidence do the CPS require to charge? There will be no evidence of wrongdoing, as they are innocent, if you read between the lines any sane person can see she's lying and she has motive (I won't to into why she has as it may identify the persons)
    Surely the CPS can't charge without any evidence?

  • #2
    Hello.

    To hopefully answer one or two of your questions. The magistrates hearing is usually very soon after charges are brought. For me I was charged on the Friday and in court the following Wednesday, however this is just a formality, it is usually over very quickly, then the following month comes the crown court hearing, this is where you will require a defence barrister to be present and a plea is entered and a trial date set, usually for 6 months or so into the future.

    The chances of charges being brought by the CPS are based on a realistic probability of conviction, relying heavily on evidence acquired during the police's investigation. I'm sure this is disputed by many on here, as people seem to be brought to court when there is little or no supporting evidence present and then it comes down to their alledged victims word against the defendants.

    The length of time for a Charging decisions to be made varies greatly, some people are on bail for years whilst others just a couple of months. As this has not happened yet, I'd advise you to remain positive and cross that bridge when it comes to it, if it ever does. Remember the majority of these malicious allegations come to nothing and are NFA'd.

    Comment


    • #3
      Hello and welcome to the forum,

      WronglyAccused has summed up the situation very well and accurately and just to confirm his point, I was told "the accusers statement is our evidence" (my italics and highlighting) In historic cases (where the allegation is made more than fourteen days after the date of the latest alleged offence) there is unlikely to be any actual physical evidence to prove or disprove the allegation

      Regarding your final query, one or two members have reported being 'summonsed' to the magistrates by means of a letter. This seems to happen more for 'either way' allegations i.e. lower level offences for which Magistrates have the power to impose sentence if found guilty and ones where no formal arrest and bail have occurred, but that system is in place so you could investigate the possibility of this via his legal representative.
      'What doesn't kill you makes you stronger'

      Comment


      • #4
        From experience

        I dont have much knowledge on cases but my partner was questioned and released with a caution after half aj hour. He was told 6 weeks later it was with cps but solicitor didnt seem it would go anywhere as it was a ludicrous claim. Sadly we got the news 9 months laterwith no evidence. My advice would be to stay positive if it hasnt happened but just be aware it may still come. My partner has evidence that shes made claims before falsely regarding other family members but police have told him they cant use ut he has to wait till court to show his story.

        As for the time to magestraites one person on here said they got a date for a months time after charge. In our case we have to wait for a letter and solicitor has advised after the magistrates hearing it could ve any time from 2 months to a year for it to get to crown court.

        I hope in your friends case it is dropped with no further action but if it isnt rest assured that with support and time they will be cleared and get tgrough this awful ordeal with great friends like you

        Comment


        • #5
          Hi Givenup

          Welcome to this very supportive forum , you will find a wealth of knowledge here from all backgrounds , it certainly has helped me over the last 18 months .

          I cannot add much to what you already have been informed of however sadly there are cases which are word against word and no other evidence .
          In our case magistrates came 7 weeks after the charge and then the crown court 4 weeks later followed by trial almost 6 months later this after being on bail for 10 months . None of it is comfortable for the OH or charged person but somehow you find that inner strength to get through ,its difficult but trying to ignore those dates to an extent and doing something with family or as a couple walks , beach picnic anything helped give more positive memory and dulled the pain for a few hours .
          I hope though that everything works out for you .cone in here and ask anything in your mind someone is sure to know .

          Comment

          Working...
          X