Voluntary Interview and Beyond

[Peter1975]

Sorry, I missed this comment. My understanding was that it was £37,500 income, not disposable income? I’m self employed, so my earnings are relatively high, but so are my outgoings, so I have little in the way of savings. The calculator won’t work on my phone, but will give it a go on the laptop tomorrow. Thanks Peter.

As someone self employed, your earnings are minus your outgoings as far as your business is concerned, turnover is irrelevant - only profit is considered for legal aid as for tax purposes.

To complete the picture; if found guilty ( a remote possibility at this stage ) - you will likely have to pay the prosecutions costs but only if you have assets more than £30K, including equity in a property - Your spouse is NOT liable to these costs and the LAA have vowed never to force the sale of a house. - Assets are completely irrelevant prior to a conviction as that is determined by income only.

[aguycalledbob]

As someone self employed, your earnings are minus your outgoings as far as your business is concerned, turnover is irrelevant - only profit is considered for legal aid as for tax purposes.

To complete the picture; if found guilty ( a remote possibility at this stage ) - you will likely have to pay the prosecutions costs but only if you have assets more than £30K, including equity in a property - Your spouse is NOT liable to these costs and the LAA have vowed never to force the sale of a house. - Assets are completely irrelevant prior to a conviction as that is determined by income only.

On that basis I’ve completed the calculator, says I’m not eligible for Magistrates Court LA, but eligible for Crown Court with a contribution. Not sure when the two different courts apply to these cases.

When completing the picture, I assume that’s in the Legal Aid scenario?

[Peter1975]

On that basis I’ve completed the calculator, says I’m not eligible for Magistrates Court LA, but eligible for Crown Court with a contribution. Not sure when the two different courts apply to these cases.

When completing the picture, I assume that’s in the Legal Aid scenario?

Virtually no one qualifies for LA at the magistrates court as I understand but if you are eligible for LA then a decent firm should send someone to represent you - even if this is incorporated into a "client conference" - Legal aid doesn't pay so well these days - alternatively, you may be asked to pay for mags representation - or - there is a duty sol at the mags -

The magistrates can only impose a sentence of 12 months and so can only deal with the least serious offences. All trials start off at the mags court but this is generally an administrative exercise known officially as a plea before venue and mode of trial hearing. They take no more than 10 minutes and the case is passed to crown court where LA will fund a barrister to represent you.

But anyway, let's cross that bridge if and when we come to it.

[aguycalledbob]

Virtually no one qualifies for LA at the magistrates court as I understand but if you are eligible for LA then a decent firm should send someone to represent you - even if this is incorporated into a "client conference" - Legal aid doesn't pay so well these days - alternatively, you may be asked to pay for mags representation - or - there is a duty sol at the mags -

The magistrates can only impose a sentence of 12 months and so can only deal with the least serious offences. All trials start off at the mags court but this is generally an administrative exercise known officially as a plea before venue and mode of trial hearing. They take no more than 10 minutes and the case is passed to crown court where LA will fund a barrister to represent you.

But anyway, let's cross that bridge if and when we come to it.

Ahh I see, I didn’t realise that limitation at the magistrates court, so that’s really good to know. Thank you.

[aguycalledbob]

So, almost 3 weeks since my voluntary interview now and still no word at all. The OIC said it would take a ‘few weeks’ for the higher ups to review and make sure he’d ‘covered everything’, but the more I read and the impression I get from my solicitor is that this could rumble on for several months.

My accuser seems to have deleted every trace of her social media, so there’s nothing to be taken from there that might help my cause. It really is down to her word against mine as to how things transpired, and it’s this that scares me the most.

Trying my best to focus on going about things normally, but finding it difficult, particularly at the weekends when the bustle of work stops and I have more time to dwell on the situation. I also have a big holiday/trip coming up in May that I have no idea if I’ll be going on, just one of the many things I can’t plan for in the future.

Weirdly, part of me doesn’t want to hear anytime soon, as the longer it goes on the longer I’m free to see my son grow up around me. This really is a strange and horrible position to be in!

[Pond31]

So, almost 3 weeks since my voluntary interview now and still no word at all. The OIC said it would take a ‘few weeks’ for the higher ups to review and make sure he’d ‘covered everything’, but the more I read and the impression I get from my solicitor is that this could rumble on for several months.

My accuser seems to have deleted every trace of her social media, so there’s nothing to be taken from there that might help my cause. It really is down to her word against mine as to how things transpired, and it’s this that scares me the most.

Trying my best to focus on going about things normally, but finding it difficult, particularly at the weekends when the bustle of work stops and I have more time to dwell on the situation. I also have a big holiday/trip coming up in May that I have no idea if I’ll be going on, just one of the many things I can’t plan for in the future.

Weirdly, part of me doesn’t want to hear anytime soon, as the longer it goes on the longer I’m free to see my son grow up around me. This really is a strange and horrible position to be in!

Hi Bob

whoever said it will be weeks is lying too you. It will be months and months in some cases years.

It does not matter if the FA has deleted her social media, it can be recovered. I was able to download the complete FB message history with my FA and was able to show she lied to the police.

Oh yea I have just requested that the police investigate my FA2 for PCJ as it was clear she made false claims during her ABE.

Pond31

[guttedmum]

Hi Bob,

It was 14 months before my son heard anything and only about three weeks ago learnt that he was being charged as according to the police the CPS have leant to believing her word against his.

We are now trying to get social media records, as there could be evidence that may help my son, but we upgraded his phone at xmas a year after the alleged offence and it is proving more difficult to try to obtain some evidence that may help him.

So if there is anything you can take screen shots of now on social media or anything you can recover that would help, then I would suggest you do it now. Our original solicitor told my son after the police interview that he thought it was unlikely to any further so we perhaps didn't start soon enough trying to gather evidence or things that would help prove timelines i.e. his black box. Hopefully yours will end up as a NFA but my advice would be to prepared as you can be, rather have wasted time in view of a NFA than not be prepared if the worst happens and it does go further.

I totally understand how you feel, it is horrible waking up and then feeling full of dread. I do find lot's of very useful advise and support on here so you have come to the right place. We also have only told a few people i.e. family and close friends but they are very supportive and it helps to talk when everything goes round and round in your mind and you imagine the worst. Others do help to keep things in perspective.

I know it is hard but do try to get on with your life as best you can as it could be a long process. Thoughts are with you.

[aguycalledbob]

Hi Bob,

It was 14 months before my son heard anything and only about three weeks ago learnt that he was being charged as according to the police the CPS have leant to believing her word against his.

We are now trying to get social media records, as there could be evidence that may help my son, but we upgraded his phone at xmas a year after the alleged offence and it is proving more difficult to try to obtain some evidence that may help him.

So if there is anything you can take screen shots of now on social media or anything you can recover that would help, then I would suggest you do it now. Our original solicitor told my son after the police interview that he thought it was unlikely to any further so we perhaps didn't start soon enough trying to gather evidence or things that would help prove timelines i.e. his black box. Hopefully yours will end up as a NFA but my advice would be to prepared as you can be, rather have wasted time in view of a NFA than not be prepared if the worst happens and it does go further.

I totally understand how you feel, it is horrible waking up and then feeling full of dread. I do find lot's of very useful advise and support on here so you have come to the right place. We also have only told a few people i.e. family and close friends but they are very supportive and it helps to talk when everything goes round and round in your mind and you imagine the worst. Others do help to keep things in perspective.

I know it is hard but do try to get on with your life as best you can as it could be a long process. Thoughts are with you.

Good advice thank you, I hope everything turns out well with your son. I’ll have my fingers crossed for him. I do keep track of your thread, so please do keep us updated.

The entirety of our conversations were via Whatsapp, and I have limited copies of those messages. The police gave the impression in the interview that they had 6 months conversation history (not sure if it was a classic stack of paper to look intimidating). Either way, the contents of those messages aren’t really relevant, they’re just platonic messages between two friends. What I was hoping to find was a photo I took the day after on her instagram, but it’s as if she never existed - in hindsight I should’ve grabbed this sooner.

It’s a weird one really in the context of alot of what I’ve read here, because the police didn’t accuse me of anything during interview, nor did they challenge my version of events, they just asked me how it went (I have a very detailed timeline) and that was it. I gave a detailed statement, answered their questions and it was done in all of 20 minutes.

To answer a previous comment, I definitely took the ‘few weeks’ from the OIC to heart. The reality that this will be months and months is beginning to hit me now - hopefully I can park this in my mind and get on with things.

[aguycalledbob]

Just to give everyone an update on this, 4 and a half months after speaking to police I finally got NFA’d over the phone, and followed up via email.

Everyone I told has asked if I’m relieved, and I am, though it’s not the massive weight lift I thought it would be. This has caused turmoil for months and I’ll likely be on anti-depressants for a long time.

I’d echo everyone else’s advice on here and recommend you always take a solicitor to that voluntary interview. Without them this might’ve turned out alot differently.

Good luck to everyone who finds themselves in this horrific position, and thank you to this board for your support.

[298]

Brilliant news

Brilliant news Bob

4.5 months isn't long in these cases but sure it will have felt like a lifetime, a NFA at an early stage is good.

Moving on it does get better but it does effect us deeply and in odd personal ways (see what I wrote about 'the knock')

I had a thought the other day when a 'life problem' cropped up 'whatever happens it will not be as bad as when I was accused and I got through that!

Be selfish and look after yourself
You may not think counselling is worth it; but it can help.
Keep with the anti depressants, you will know when its time to stop.

We can't let the liars cheat us of our lives.

Happy for you

Just to give everyone an update on this, 4 and a half months after speaking to police I finally got NFA’d over the phone, and followed up via email.

Everyone I told has asked if I’m relieved, and I am, though it’s not the massive weight lift I thought it would be. This has caused turmoil for months and I’ll likely be on anti-depressants for a long time.

I’d echo everyone else’s advice on here and recommend you always take a solicitor to that voluntary interview. Without them this might’ve turned out alot differently.

Good luck to everyone who finds themselves in this horrific position, and thank you to this board for your support.

[Franticwithworry]

For aguycalledbob.

Fantastic news for you. :-)

[Casehardened]

Brilliant news and good to be able to dock the banana boat again.....

[Pond31]

a great source of potassium

[Peter1975]

Great news, I hope that you can move on with your life and never look back