Penniless and Lonely

[Rights Fighter]

If you have nothing to hide then just allow them access to your records

[Pond31]

Ahhh No Way José

Sorry Rights Fighter but there is no way I will give the police access to my medical records. I am not sure I should even supply the information they requested as if I need to prove what I said was true in court I will. I just was wondering why they would ask such a question at this point.

[Rights Fighter]

Refusal could only result in that refusal to cooperate being given an adverse inference at trial - that you are trying to hide something.

I have to say, I have never come across a person maintaining their innocence so unwilling to prove that innocence.

[Franticwithworry]

The most likely reason for wanting the information is to check what you've told them. Contrary to popular belief, some police officers try to check out both sides of the situation before reaching a conclusion. Don't forget, it's the CPS who make the decision to charge, not the police, for the most part.

It's easy to get into the frame of mind of thinking that if you're innocent you don't have to tell the police anything; it's up to them to prove your guilt. In practice, it's not quite like that.

Pushing to have your day in court is a big risk and you're in danger of cutting off your nose to spite your face if you withhold information that can help you.

[Peter1975]

The most likely reason for wanting the information is to check what you've told them. Contrary to popular belief, some police officers try to check out both sides of the situation before reaching a conclusion. Don't forget, it's the CPS who make the decision to charge, not the police, for the most part.

It's easy to get into the frame of mind of thinking that if you're innocent you don't have to tell the police anything; it's up to them to prove your guilt. In practice, it's not quite like that.

Pushing to have your day in court is a big risk and you're in danger of cutting off your nose to spite your face if you withhold information that can help you.

You are also in danger of the judge refusing a costs order in the event of an acquittal as there is a concept of bringing a trial upon yourself by refusing to cooperate with an investigation.

You could perhaps ask your solicitor if limited disclosure of your records is possible or advisable. Your doctor could write to confirm the information but this will cost you.

[Daughteroftheking]

Being open and honest could speed up your case. I mentioned in my interview that I had received counseling for my past thoughts and I would call to let them know they could release the without a supeona. Two days later i got the call that the case is being closed.

As far as money for food, I'm not sure if the U.K. has anything like this but I get EBT. It is a prog4am that puts a certain amount of money on a card based on income and family size. You then use it just like a credit card when buying food.

[Pond31]

I phoned the OIC of my case 1 month ago, no reply so left a message. Phoned her again a week later, no reply so left another message but she did not get back to me for another week. She told me that she had sent the paperwork to the PPS (CPS) approximately a month before which would have been late June. So I phone the PPS on 10th August 2017 and they stated that they did not get the "Complete file" until the 31st of July. They also stated that it has not been allocated to anyone in the PPS and that it mostly likely will take months for any decision to be made.

With all the stories I here on this site about delays in action by the police and decision making by the PPS (CPS), I cannot understand why someone given a NFA letter or found not guilty, after 6+months has not sued the police and CPS for breach of human rights "the right to be presented to a judge in a timely/responsible manner". In my case the only thing the police had to investigate is statements made by me and my FA. There was no DNA, No other Witness statements, No Forensics, so the police should have been able to deal with my case in a far quicker time. The effect of the delay on my mental health has been so great.

Can the legal minds on here tell me why NOBODY has sued because of the extraordinary length of time it takes the police and CPS to do the simplest tasks. If they were a private business they would have gone bankrupt years ago but because they are safe in their jobs it seems they do not care about the effect the delays have on the falsely accuse.

rant over.

[Blingguy]

Because sexual offences do not have statutory time limits in terms of PACE. Simple.

[Pond31]

Yes sexual offences do not have a statutory time limit for prosecution but once a process of investigation has begun they are required by law to "present" you to a judge within a "timely/reasonable" manner. They may consider this duty only to kick in from the time someone is actually charged however I argue that it should kick in from the time of the first arrest and that any unreasonable delay in the breach of human rights.

The Police and CPS should not be the ones who decided how long a timely manner is, it should be DEFINED by judges or law. I fully intend to sue the police and PPS for the unreasonable delays in my case such as delays due to the time it took the police to type up statements and fill in paperwork. The Police have repeatedly said to me that it takes months for them to type of statements for any kind of case not just sexual offences.

[tmc206]

Yes sexual offences do not have a statutory time limit for prosecution but once a process of investigation has begun they are required by law to "present" you to a judge within a "timely/reasonable" manner. They may consider this duty only to kick in from the time someone is actually charged however I argue that it should kick in from the time of the first arrest and that any unreasonable delay in the breach of human rights.

The Police and CPS should not be the ones who decided how long a timely manner is, it should be DEFINED by judges or law. I fully intend to sue the police and PPS for the unreasonable delays in my case such as delays due to the time it took the police to type up statements and fill in paperwork. The Police have repeatedly said to me that it takes months for them to type of statements for any kind of case not just sexual offences.

My son was released from police bail in July last year when the file was passed to the PPS. He received a letter at the end of June to say they had decided not to prosecute - 11 of the worst and longest months of our lives.

[Rights Fighter]

Pond, it has nothing to do with "human rights" at all. Once charged, this is when the case should get before a judge as quickly as it can (and should).

The police (and therefore the CPS) are overloaded with theses cases to the extent that it now takes months or even anything up to two years, or even longer before NFA or charge.

I think we'd see the overload drop significantly if financial reward for lying was substituted with top notch therapy for genuine victims. But that will never happen, sadly.

[imsam]

I think we'd see the overload drop significantly if financial reward for lying was substituted with top notch therapy for genuine victims. But that will never happen, sadly.

Sorry to be so ignorant about these things, but you have said here the FA gets a financial benefit , I didn't know that. When do they get a financial benefit?

I do have a screen shot of something my FA said online about ' next year I will be a millionaire' soon after my arrest. I thought she meant she was going to ask me for money to drop the case, but she hasn't , unfortunately . But if the FA's get money from a guilty sentence, perhaps she meant that...of course she could just have been quoting from Only Fools and Horses

Thanks Sam

[Peter1975]

RF was referring to criminal injuries compensation which has the effect of encouraging liars and fantasists as well as genuine victims that are reluctant to report or testify. I believe the average payout for rape is 11k reaching a maximum of 44k ( I think)

Claimants are required to comply fully with an investigation and prosecution and they do not get their money until after a trial but the payments do not require a guilty verdict as they are decided on a lower "balance of probabilities" level of proof rather than beyond a reasonable doubt.

The screenshot you have may go some way to proving a motive or at the very least giving a potential jury pause for thought so make sure you don't lose it.

[Pond31]

Pond, it has nothing to do with "human rights" at all. Once charged, this is when the case should get before a judge as quickly as it can (and should).

The police (and therefore the CPS) are overloaded with theses cases to the extent that it now takes months or even anything up to two years, or even longer before NFA or charge.

I think we'd see the overload drop significantly if financial reward for lying was substituted with top notch therapy for genuine victims. But that will never happen, sadly.

I am sorry but I STRONGLY disagree with you. The months or even years of stressed caused by the wait for decision is tantamount to "cruel and unusual punishment". As the accused we have a right not to have to wait because the police and CPS are busy. If the police and CPS need more staff then its there responsibility to lobby the government for the funding. Why should I have to wait months for them to do the most basic task. I intend to sue with the help of my Union and the Human Rights Agency here in Northern Ireland. I don't want any money from them at all, what I want is them admit they are wrong and to speed up their actions so others don't have to suffer like I am.

[Franticwithworry]

I understand your anger and agree with you fully but there's a difference between what sensible people deem a right and a right that is enshrined in law. At the moment, having an accusation dealt with expeditiously is not a right enshrined in law, only the right to, once charged, having a trial take place within a reasonable time.

The fight will be to have being on bail for the shortest time possible become a statutory obligation, and though there is a new law in England since April of this bringing oversight, it is silent on what is to happen if the investigation takes' too long' or even what 'too long' is.