hi, have had police come with a search warrant searching for some documents and missing money on sunday just been, did not search as i handed over several items, but not the missing money. I am going for a voluntary chat tomorrow at police station with a solicitor. I believe that the only evidence they will have is the 2 ladies statements saying i took a certain extra amount of money from my aunt's house, as i know there is no other evidence(as it is not true). In your opinion and experience would they drop the case as a family matter and do they need more solid evidence than 1 or possibly 2 old ladies statements. i have provided bank statements and will sign a bank thing for them to check further. There is alot more to this, but i want to know if like i said there is only 1 possibly 2 witnesses, and no other proof would CPS even go there, if low chance of conviction
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
The test for the prosecution is this:
1) is there enough evidence of a realistic prospect of conviction
2) is it in the public interest
It has to pass both parts of this test to be prosecuted.
If it fails any one then it will not.
Therefore if it is low prospect then the CPS may not decide to proceed.
Can I clarify anything for you about this today please?
1, what is enuf evidence
what is enuf evidence
That is a matter for a CPS lawyer, they need to be satisfied that there will be a conviction bearing in mind that the conviction is so a Court would be sure.
ok there may be 1 or 2 witness statements. Can i attach a document with all my statement which is correct and you read and tell me what you think please
Not really as this is a public forum so people could see. You have not used your real name which is ok
But if there is a chance you could be convicted they are likely to proceed.
But as I have said, this will be reviewed by a CPS lawyer who will decide whether there is a realistic prospect of a conviction
that doesnt help, i just want to know whether police will even decide it family matter
Just because it is a family matter does not stop the Police from prosecuting.
You can attach the statements if you want but bear in mind this is a public forum
You can have a boyfriend and girlfriend where she says she has been hit by him
no its got names and everything
The Police prosecute and even then where it is only one word against another
so you have no experience of any case like this
yeah but she will have evidence , photos etc
I have prosecuted before yes.
If they have 2 statements saying you took it then they are likely to prosecute.
I know this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
They have 2 people saying it happened.
just on that they would proceed? my god anyone can say anything
This suggests there is a prima facia case.
not sure, yet to hear allegations
prima facia means?
Yes somone can say anything and often it is just one persons word against nother
It means on the face of it there appears to be a case
another solicitor said to my partner, that without hard evidence, they have nothing
Not necessarily true.
If someone is shot and killed, if no one saw it that does not mean it did not happen.
The evidence is circumstantial
You can get a conviction on circumstantial evidence.
But that is a matter for Court not whether or not they will charge you.
I am just saying it is entirely possible you could be charged.
I am not saying you would be convicted - just that it is possible you may be charged
Does this help?
sorry not really, i am so scared of what will happen tomorrow
Clearly I do not have the benefit of seeing all the evidence.
If they have nothing it will go no further
If they have some credible evidence you may well be charged
But it may amount to nothing.
It is unlikely you would be charged tomorrow, you will be interviewed and it will go to the CPS for a decision
credible evidence is what tho
and how can they have nothing if they decided to come with a warrant to search
You dont. A warrant is granted by a Court and that was probably based on the two statements/
The Court can't test it, they rely on what the Police would have told them
Can I help further?