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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hi, have had police come with a search warrant searching for

Customer Question

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

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

The test for the prosecution is this:

Alex Watts :

1) is there enough evidence of a realistic prospect of conviction

Alex Watts :

2) is it in the public interest

Alex Watts :

It has to pass both parts of this test to be prosecuted.

Alex Watts :

If it fails any one then it will not.

Alex Watts :

Therefore if it is low prospect then the CPS may not decide to proceed.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-wo3zhs0x- :

1, what is enuf evidence

JACUSTOMER-wo3zhs0x- :

what is enuf evidence

Alex Watts :

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.

JACUSTOMER-wo3zhs0x- :

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

Alex Watts :

Not really as this is a public forum so people could see. You have not used your real name which is ok

Alex Watts :

But if there is a chance you could be convicted they are likely to proceed.

Alex Watts :

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

JACUSTOMER-wo3zhs0x- :

that doesnt help, i just want to know whether police will even decide it family matter

Alex Watts :

Just because it is a family matter does not stop the Police from prosecuting.

Alex Watts :

You can attach the statements if you want but bear in mind this is a public forum

Alex Watts :

You can have a boyfriend and girlfriend where she says she has been hit by him

JACUSTOMER-wo3zhs0x- :

no its got names and everything

Alex Watts :

The Police prosecute and even then where it is only one word against another

JACUSTOMER-wo3zhs0x- :

so you have no experience of any case like this

JACUSTOMER-wo3zhs0x- :

yeah but she will have evidence , photos etc

Alex Watts :

I have prosecuted before yes.

Alex Watts :

If they have 2 statements saying you took it then they are likely to prosecute.

Alex Watts :

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.

JACUSTOMER-wo3zhs0x- :

its ok

Alex Watts :

They have 2 people saying it happened.

JACUSTOMER-wo3zhs0x- :

just on that they would proceed? my god anyone can say anything

Alex Watts :

This suggests there is a prima facia case.

JACUSTOMER-wo3zhs0x- :

not sure, yet to hear allegations

JACUSTOMER-wo3zhs0x- :

prima facia means?

Alex Watts :

Yes somone can say anything and often it is just one persons word against nother

Alex Watts :

another

Alex Watts :

It means on the face of it there appears to be a case

JACUSTOMER-wo3zhs0x- :

another solicitor said to my partner, that without hard evidence, they have nothing

Alex Watts :

Not necessarily true.

Alex Watts :

If someone is shot and killed, if no one saw it that does not mean it did not happen.

Alex Watts :

The evidence is circumstantial

Alex Watts :

You can get a conviction on circumstantial evidence.

Alex Watts :

But that is a matter for Court not whether or not they will charge you.

Alex Watts :

I am just saying it is entirely possible you could be charged.

Alex Watts :

I am not saying you would be convicted - just that it is possible you may be charged

Alex Watts :

Does this help?

JACUSTOMER-wo3zhs0x- :

sorry not really, i am so scared of what will happen tomorrow

Alex Watts :

Clearly I do not have the benefit of seeing all the evidence.

Alex Watts :

If they have nothing it will go no further

Alex Watts :

If they have some credible evidence you may well be charged

Alex Watts :

But it may amount to nothing.

Alex Watts :

It is unlikely you would be charged tomorrow, you will be interviewed and it will go to the CPS for a decision

JACUSTOMER-wo3zhs0x- :

credible evidence is what tho

JACUSTOMER-wo3zhs0x- :

and how can they have nothing if they decided to come with a warrant to search

Alex Watts :

You dont. A warrant is granted by a Court and that was probably based on the two statements/

JACUSTOMER-wo3zhs0x- :

credible evidence?

Alex Watts :

The Court can't test it, they rely on what the Police would have told them

Alex Watts :

Can I help further?

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