No ABE or video interview made with accuser - is this normal?

[underarmour]

My trial for sexual assault is in a few months. It's been a nightmare - lost my job, my social circle has collapsed, my name tarnished forever irrespective of outcome.

My defence has received the Stage 1 disclosure from the prosecution. Much to our surprise, no VTI or ABE interview has been made with my FA - the case is proceeding on just the initial signed statement (which was unrecorded).

Has anyone else experienced this? Can the police subsequently record an interview? This would obviously concern me as we have to deliver my defense statement soon and I would be wary of my FA adapting her account to fill in the gaps.

[Casehardened]

I don't know the answer but just wonder if the FA changed her mind about the allegation after making her initial statement?

[Franticwithworry]

This are questions that your defence solicitor should be answering for you. I know it took a very long time for an ABE interview to be done in our case, but we haven't got to a decision on a charge yet, let alone close to trial. Others may come in with more advice for you, but I do suggest that you ask your solicitor about this. If they haven't experienced it before they should at least know what the law does and does not allow and challenge the prosecution if appropriate.

[underarmour]

Thank you franticwithworry. Yes I am asking my solicitor these questions but also interested in the experience from the board.

Casehardened - I don't think she has lost the appetite to press ahead as they have still been taking statements from friends, and she filled in a (farcical) Victim Impact Statement after my first appearance. Of course that could have been for the compo.

[OEN34]

I'm awaiting a decision from the CPS, but FA Number 1 to my knowledge hasn't done an ABE, only a signed statement. FA Number 2, however, has done an ABE, so I'll be interested to see how this impacts my investigation.

Wishing you the best of luck with your case.

[Pond31]

Hmm I don't think an ABE is a legal requirement just good policy. Sometimes those making allegations cannot face repeating an accusation too many times. The signed statement may be enough for the police to investigate. This is issue is if the police have more questions to ask it will be harder for them to get the details. Some FA's don't want to do an ABE because they are worried about being caught out in their lies.

[Rights Fighter]

Sometimes when the ABE is finished it's found that the video / audio hasn't worked and cannot be made to work together. This doesn't happen often in my experience although I have seen it. In the cases I have reviewed the complainant's statement is then made /written using notes from the ABE interview or from what they have been able to cobble together. Or a mixute of both.

This of course presents a problem as defence won't know whether anything has been added to subtracted in the meantime. Hopefully the duty solicitor made notes.

I am not saying that this is what has happened here. I really don't know. However it may well be a technical hitch that has caused this. I am rather surprised that the sol hasn't made enquiries about it, I have to say.