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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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Hi Can you please tell me how legal aid works please who

Customer Question

Hi

Can you please tell me how legal aid works please who is entitled to Legal aid if it reaches crown court
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Hi Jo,


 


My income is £250.00 net (less £50 per week to Child Support Agency)


 


My partners income is £30,000.00 per annum we have one child together she is paying the mortgage and bills.


 


Would I be entitled to legal aid if my case went to magistrate then crown court.


 


 

Expert:  Jo C. replied 3 years ago.
Hi

There is a calculator that you can use here

http://www.justice.gov.uk/legal-aid/assess-your-clients-eligibility/crime-eligibility/criminal-eligibility-calculator

However, in short, I would expect them to demand a contribution to legal aid at the very least which you may over turn upon appeal.

Generally speaking you need to be earning under £12k a year including your partner's income to get unfettered legal aid.

Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo,


 


Its really confusing to understand If i leave work and based on my partners income of £30,000.00 per annum and we have one child and the mortgage is £400.00 per month and rates is £100 per month and we have one child £20.00 child benefit that's all we claim for what the contribution be.


 


Please advise if you need further details let me know

Expert:  Jo C. replied 3 years ago.
I am not sure what you mean?
Customer: replied 3 years ago.

Hi Jo,


 


Can you please work it out for me please ask me what information you require and I will give it to you


 


My partners income is £32500.00 approx. my income is nil we receive child benefit of £20.00 per week.


 


Mortgage payment is £400.00 per month Rates £90.00 per month how much would be my contribution if it went to Magistrate court and Crown court if you require further information please let me know


 


 

Expert:  Jo C. replied 3 years ago.
I can't access it because its not designed for Apple which is all I have at my end.

Customer: replied 3 years ago.

Hi Jo,


 


I made a call to the police that I was abused as a child and I kept getting flashbacks and was not certain if sexual assault had taken place but physical assault yes I also stated that my brother was sexually assaulted.


 


You have answered my previous question and stated that they cannot use this against me as this has no relevance to the allegations made against me.


 


Can the police prosecute me for wasting their time if it turned out to be false.


 


 

Expert:  Jo C. replied 3 years ago.
I wouldn't worry about wasting police time. Perverting the course of justice should be your bigger concern.

However, if all you said was that you were not certain then you haven't said anything untrue. A false witness is one who says that X,Y and Z did definitely happen. Thats not what you said.

I suppose arguably it is wasting police time but they won't bring that prosecution. They need the consent of the DPP to prosecute for wasting police time which they are not going to get for this.
Customer: replied 3 years ago.

Hi Jo,


 


Trying to tip you but your service not working.


 


Yes you are right I just said I think and stated the flashbacks that's all I stated and was informed that as they were no expert they could allocate an officer to the case or I could report it to an officer for which I said no.


 


So that must be the end of the matter and also the fact its no relevance to my case and they cannot use it against me, my main concern is fighting the false allegations which I will do as I know the truth will set me free.


 


 

Expert:  Jo C. replied 3 years ago.
Yes, thats nothing to worry about.

I suppose you could argue that reporting things that might be offences is wasting police time but only really within its normal English meaning. They would never bring a case on that basis.

No, they will not use it against you.
Customer: replied 3 years ago.

Hi Jo,


 


The police have asked me not interfere with the 3 witnesses the girls and the mother but the mother was never a witness anyway she was the one reporting the matter after she said she heard the girls fighting and she reported the matter to the police.


 


Should I start collecting references or should I wait to be charged first?

Expert:  Jo C. replied 3 years ago.
Yes, don't have anything to do with anybody who has had contact with the prosecution.

I wouldn't collect references now. It might all turn into nothing.
Customer: replied 3 years ago.

Hi Jo,


 


I had another issue in regards to money laundering. However the CPS and the Police have decided not to take that matter any further and have informed by the officer investigating by phone. I was also advised to keep away from the people who made the allegations.


 


Anyway would the above matter be anything with the sex allegations or is that unrelated? Please note that 2 different police forces been dealing with this issue. Can the officer investigating the sex allegation used the issue regarding the arrest of the fraud allegations or is that completely unrelated?


 


 

Expert:  Jo C. replied 3 years ago.
Does it arise from the same facts?
Customer: replied 3 years ago.

Hi Jo,


 


No it does not arise from the same facts and allegations made for money laundering were made by my ex employers and sex allegations were made by my daughters.


 


Money laundering was mad in October 2012 and Sex allegations in January 2014. So I do not think it arises from the same facts or people if that is the question you are asking.


 


Also there is another question I need to ask you in 2011 the daughter who is falsely alleging I raped her emailed me and stated her mum would allow me to see her if she is truthful to her mum as she has lied to her mum I take it all these emails can be used. despite it was dated in 2011??


 


 

Expert:  Jo C. replied 3 years ago.
1 No, it cannot be anything connected then.

2 They can be but it doesn't really prove anything.
Customer: replied 3 years ago.

Hi Jo,


 


So basically it boils down to my word against her word and obviously as mentioned before reports such as CAFCASS, social service reports, councillor reports and other reports and if the police and CPS believe them and their evidence.


 


But the as you said the truth will come out IF it reaches the court. I will just have to sit tight and wait for their decision its frightening that innocent people are being charged and prosecuted for false rape its the easiest accusation to make and hardest to defend, but then laws should be brought forward to prosecute and imprison if there evidence if one person has lied about being raped.


 


 


 


 

Expert:  Jo C. replied 3 years ago.
That is basically right I'm afraid.

Customer: replied 3 years ago.

Hi Jo,


 


But there is 2 of them making an accusation does it mean it looks bad on me? Also how can I go about defending these lies?

Expert:  Jo C. replied 3 years ago.
They could argue that the fact that there are two of them amounts to corroboration by volume but then the answer to that is usually there has been collusion.

I'm not sure what I can add to what I've said about defending these allegations. Was there something specific that you wanted to know?
Customer: replied 3 years ago.

Hi Jo,


 


But then I know you stated that some kids, but then we are talking about adults now do not tend to stay away from the abusers but we are talking about 2 people here at least one would have mentioned it to someone like their mum, friends etc.


 


Also I know you do not have sight of the CAFCASS reports but their is so much contradictions in these reports in what the girls have said and when their respective councillors were involved after the breakdown of the marriage non of the children ever mentioned it.


 


Also you may be right in stating that the children don't always say anything for fear or whatever reasons but I was separated and living in another house away from the kids they would have at least kept away from me rather then be abused I think that is the normality.


 


 

Expert:  Jo C. replied 3 years ago.
I think these are really Jury points rather than evidential ones.
Customer: replied 3 years ago.

Hi Jo,


 


As there are 2 of them it is likely to go to court unless of course the CPS & Police finds faults in their statements.


 


I hope I am not re bailed any longer then June 29th they would have had 6 months by then.


 


 

Expert:  Jo C. replied 3 years ago.
They could argue that the fact that there are two of them amounts to corroboration by volume and so be more likely to charge I'm afraid.
Customer: replied 3 years ago.

Hi Jo,


 


 


It is so crazy I have done everything by the books by going through the family courts if the CPS and Police cannot see that they are stupid or crazy unless they have too much public money to waste.


 


Anyone can make a rape allegations and ask others to corroborate with them and the easiest allegation to make is historic allegations irrespective of the CAFCASS report etc.


 


Do you know any good law firms in this field to defend these cases


 


 

Expert:  Jo C. replied 3 years ago.
There are not really any firms that specialise in sexual offences because they are so commonly report it although rarely committed in my opinion.

Any criminal firm will be able to deal with this.

The question really is which barrister do you use and there are barristers that specialise in sexual offences
Customer: replied 3 years ago.

Hi Jo,


 


There is a firm that has informed me that they use a specific barrister that specialises in sex offences in both Irish and English jurisdiction. I have Google him and he has appeared in the BBC news as well and has been able to overturn convictions as well.


 


However having said that at least I have these reports (CAFCASS) and emails which contradicts what they have said. I have read people like Jimmy Turbuck and Jim Davidson had several people alleging against them but the CPS never took it forward.....


 


 

Expert:  Jo C. replied 3 years ago.
No, a large number of complainants alone is not enough to support an allegation particularly when they are known to each other as the defence of collusion is open.

Customer: replied 3 years ago.

Hi Jo,


 


In my case the collusion is known to each other yes???

Expert:  Jo C. replied 3 years ago.
no, the fact they know each other does not mean that there is collection but it is possible
Customer: replied 3 years ago.

Hi Jo,


 


But if there is evidence that they have supported each other talked to each other about the times of our divorce and the fact that have stated they talk to each other as per CAFCASS report in the past would this not be enough.


 


Also the fact they have stated they see their mother as a victim and they have said their mother has told them the financial situation when we went to court on the family hearing which all untrue anyway.


 


The fact they hated me and said they only see me as biologically related only and they see their mother as perfect example of as a Parent.


 


I know it is financially related somewhere along the lines but then there are issues such as jealousy and being the centre of attention which can be proved as they have said I love my son more then them there are issues I have lots of points especially in the reports and emails in what they have said


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Well, its really as we have said before.

It is a motivation to make a false allegation but whether that would be enough to convince CPS alone is anybody's guess.
Customer: replied 3 years ago.

Hi Jo,


 


That s true. Its up to the CPS and what the children have said in the video evidence. Also the fact they have delayed it to June means they will try and charge me or else by now I would have received a response (am I right in saying this?)


 


 

Expert:  Jo C. replied 3 years ago.
No, it just means they are investigating.
Customer: replied 3 years ago.

Hi Jo,


 


What is there to investigate there is no evidence just their lies and all they are after is a conviction irrespective of a person being innocent.

Expert:  Jo C. replied 3 years ago.
Just that they havent completed their enquiries. Its not that unusual. They are inundated with these reports especially at the moment because everybody is suddenly remembering that they have been abused now that compensation is available
Customer: replied 3 years ago.

Hi Jo,


 


Will I be interviewed again or will the charges just follow next I know compensation is available lets hope that the CPS has looked at all the reports and I know my eldest daughter who is money oriented wanted those £3000.00 invisible money which she asked me but I refused last year to pay for it.


 


 

Expert:  Jo C. replied 3 years ago.
It would depend on the circumstances of the case. There's no way of knowing in this forum.
Customer: replied 3 years ago.

Hi Jo,


 


Its crazy my life is on hold how can one do normal stuff with this hanging on their head. There is no support for people who have been falsely accused either I hope the CPS are not biased and make a decision on the evidence of what is available to them and as the Police are professional they would be able to tell if one is make a false allegation especially children.

Expert:  Jo C. replied 3 years ago.
Yes, I do understand.

Its a very easy allegation to make.
Customer: replied 3 years ago.

Hi Jo,


 


Yes it is easy to make a false allegation so why let it go to go to court for the truth to come out as the CPS cant make a decision its either that or let someone live their life.

Expert:  Jo C. replied 3 years ago.
I'm not sure what I can add to this.

All allegations have to be investigated. There are certainly a disproportionately high number of false allegations of sexual offences but they still have to investigate