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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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I have just returned from a meeting at my Nhs place of work

Customer Question

I have just returned from a meeting at my Nhs place of work where I have been told that a working colleague has, for at least the last eight years, been taking money from the restaurant till, and to do this he has cut, altered, wound on etc. the till rolls to cover his tracks. Nhs fraud people have been involved as the money involved was more than £65,000! The man involved admitted to the Nhs fraud during interview that he had taken the money.However, when all the evidence was finally produced to the Crown Prosecution Service they said they would not go ahead with the case because there had been two people interviewing him when there should only have been one. Can't put into words how I am feeling right now. Is he really going to walk off totally free because of this!
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.

Are you saying that CPS has told you that they won't prosecute him please?
Customer: replied 3 years ago.
Yes, that's what I have been told. Actual words were CPS have thrown it out.
Expert:  Jo C. replied 3 years ago.
Thank you.

If CPS have thrown it out then it will not be prosecuted.

It is quite unlikely that it had anything to do with the number of people interviewing him. Most interviews are conducted with two officers. PACE does demand that interviews are free from "oppression" which I suppose could be applied to the number of people in interview but not if it is limited to two.

Even if there were issues with the way in which the interview was conducted, all that would mean was that they couldn't rely on the interview and his admissions therein. It wouldn't mean that they couldn't prosecute him.

If they have offered no evidence in this case then it is likely that there are some underlying issues as they do not do that lightly.

However, if they have offered no evidence then he cannot be prosecuted I'm afraid.

I am very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
The police have not been involved in this case. Could you tell me why and if it is still possible to inform them? Also , do the CPS have to put it in writing why they have not gone ahead with the case and justify how this can be allowed to happen.
Expert:  Jo C. replied 3 years ago.
Whether the police have been informed or not, if CPS have decided that they will not prosecute it then that is their decision and it doesn't matter whether the police investigate it or not.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Will the Fraud Service be able to present the case again to the CPS now it has been rejected.
Expert:  Jo C. replied 3 years ago.
Not unless fresh evidence arises which might happen.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.
Thank you for all your help in this matter it's very much appreciated. I have not used a service of this kind before, could you confirm that I have made a one of payment of £33 for this information. Thank you once again. Ruth.
Expert:  Jo C. replied 3 years ago.
You need to email customer services about that here [email protected] but they can do that for you.