Son charged last week - heartbroken

[Franticwithworry]

I'm glad to be of some help guttedmum. It seems that the SW decision is going in the right direction for you/him, and I'd guess that if they thought there was anything of a risk they'd be making the decision more quickly. Here's hoping.

As for going on holiday, I have heard of people going on holiday while all this is happening, but more when still waiting for charge if I remember correctly. Chris would really be the person to OK that or not. There are a series of court hearings as I understand it through the process and he will know best when they are likely to happen and whether or not your son has to attend them. Life is on hold over the next few months, you are right about that and everything is focused on this one event in your lives, but a holiday and a break from it might be a good thing for him if it can be managed. As I say though, it's probably better to be guided by Chris.

[guttedmum]

Up-date

Just a little up-date, although I have been following new threads. Thankfully the SWs have said my son can return home if we keep to the original agreement i.e. there is always someone around to supervise.

The magistrates court date is drawing near as it is the beginning of March and this is our next horrendous hurdle as any cases going to crown are always reported in our the local paper, therefore my son's name is now going to be associated with rape.

He has provided a very detailed account of the events leading up to and including the FA, and the solicitor is trying to follow up gathering evidence that could be of support to him. He has been very honest and very open and I am proud of him having to share such personal information. It broke my heart in the solicitors when he started to get upset, when he has tried to keep it all together so far, which then upset me.


We have as yet to see her statement so we have as yet to hear her full version of events and how much they differ from sons so feeling a bit helpless at the moment.


I am still trying to keep it together for my son and family but I have a constant sick feeling in the pit of my stomach that I just can't stop. The more I read on here and newspapers, the more it scares me even though there may be no evidence other than one persons word against another, that innocent person can be convicted of something they didn't do.

[Franticwithworry]

Thank goodness you’ve had that bit of good news, guttedmum. These things would be hard enough without having to deal with your son having to live elsewhere.

With a good legal team he has every chance of getting the right result and I have everything crossed for you all that this happens sooner rather than later.

Hang in there and keep coming back here for support as and when you need it.

[guttedmum]

Up-date

Just a short up-date. Son has now written a very detailed account of the period before and after the alleged offence. Technology evidence has been mixed, as we haven't managed to get some social media content that would have helped back his version of events, which has been disappointing

We are now waiting - magistrates early next month, but we have yet to hear her full statement. I know I can ask the solicitor but don't want to pester at this stage - does anyone know when we hear her version of events - will we get her full statement or just what they decide to give us? It is difficult knowing what we need to address (as it can only be lies) when we have not had her statement, only the allegations that the police told my son when he was interviewed.

Also the police asked for my son to bring in his phone, which they had for 3 hours. He has nothing to hide but we are wondering if the evidence we have been hoping to find was found by the police and therefore are we entitled to know what they found on the phone?

[Franticwithworry]

You should get something a few days before the magistrates hearing, but often it's only a summary of the statement(s). Full statements often arrive later and it's at the first Crown Court hearing where deadlines are set out for the CPS to provide disclosure. They often work right up to those deadlines too. Cynical me is convinced that they make it as difficult as possible and give you as little time to prepare a defence as they can, but I'm afraid I'm feeling a bit down myself today. The fact is that it might still be a few weeks before you get anything useful in the way of disclosure but it sounds as though your son is doing a good job so far.

They should disclose what they found on the phone at some point but I'm afraid I've no idea when. I wouldn't worry too much about asking your solicitor questions like that. Most of them are lovely and hard-working people, but they are so used to the system that they work in that it can be easy for them to forget that they need to explain procedure to those of us who have no idea.

[Peter1975]

Just a short up-date. Son has now written a very detailed account of the period before and after the alleged offence. Technology evidence has been mixed, as we haven't managed to get some social media content that would have helped back his version of events, which has been disappointing

We are now waiting - magistrates early next month, but we have yet to hear her full statement. I know I can ask the solicitor but don't want to pester at this stage - does anyone know when we hear her version of events - will we get her full statement or just what they decide to give us? It is difficult knowing what we need to address (as it can only be lies) when we have not had her statement, only the allegations that the police told my son when he was interviewed.

Also the police asked for my son to bring in his phone, which they had for 3 hours. He has nothing to hide but we are wondering if the evidence we have been hoping to find was found by the police and therefore are we entitled to know what they found on the phone?

As I recall, the CPS will serve their "bundle" including full statements etc no earlier than 5 days before the magistrates appearance which is only an administrative exercise and brief - the important thing is some face to face time with a sol so go along armed with any questions.

Your sols should have no problem sharing everything they get with you, especially as a lot of evidence is digital and costs nothing - It's just a question of when.

You will have around a month to prepare for the plea and trial preparation hearing (PTPH) at the crown court so there is plenty of time yet to start reading full statements although I understand your eagerness to get going.

You will also have the opportunity to see the comps ABE (video) interview. Take notes,

The police should reveal what they have found on his phone but it may take some patience and legal stuff - The prosecution are only obliged to handover evidence that undermine their case or assists the defence. 3 hours for a phone to be returned is a record on DM I'm sure - but it sounds like they have cloned it and so it may yet take a while for them to actually examine it (hopefully not) - there should be legal aid for a defence expert to re examine the phone if necessary.

[guttedmum]

Reply

Thank you so much P and FWW, I very much appreciate your advice and will take all tips on board.

FWW, sorry to hear you were feeling down yesterday. Hope everything is ok, I am thinking of you x

[Franticwithworry]

Thank you so much P and FWW, I very much appreciate your advice and will take all tips on board.

FWW, sorry to hear you were feeling down yesterday. Hope everything is ok, I am thinking of you x

Thank you guttedmum. I'm ok enough, if you know what I mean. Thank you for thinking of me - it's reciprocated. I'm sure we'll both get through this. Not unscathed but probably stronger and wiser for it. That's what I keep telling myself, anyway.