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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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investigations (£47,000.00) it had 2 boxes the one which stated

Customer Question

investigations (£47,000.00) it had 2 boxes the one which stated the following was crossed



The bail is to be cancelled due to the fact there is an unrealistic chance of a conviction.



However they stated that the file will remain open if further evidence comes to light and there can be a chance of a rearrest. Please note that the investigation has been going since October 2012.



Is this just a normality and the case come to close then?
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,


 


I was arrested in October 2012 for fraud allegations which I denied and provided the police with evidence. I was re bailed about 8 times was supposed to go back on 25/4/2014 but I received a letter that stated something along the lines of:-


 


The bail is to be cancelled due to the fact there is an unrealistic chance of a conviction.



However they stated that the file will remain open if further evidence comes to light and there can be a chance of a rearrest. Please note that the investigation has been going since October 2012.


 


 

Expert:  Jo C. replied 3 years ago.
Well, its good news that they have abandoned this matter.

Are you asking if they can do that?
Customer: replied 3 years ago.

Hi Jo,


 


Yes can they do this and the chances of them re opening the investigation (please bear in mind the initial arrest was in October 2012) I have been warned / advised by the investigating officer to stay away from the people who made the allegations in the first place


 


Also your advise should I contact the police officer to get my items back or let my solicitor deal with this.


 


 

Expert:  Jo C. replied 3 years ago.
Thank you.

The short answer is that they could do that and it's quite unlikely that they would.

If they have formally taken no further action then the matter is closed unless fresh evidence is found. If they have just not proceeded with the matter then it can be fairly easily revived the obviously only if they find evidence that changes their position.

I haven't seen too many investigations reopened and I have been, in one form or another, a criminal lawyer for most of my life.

In relation to your property, that depends what you mean. It's a bit more complicated than that. If you tell me what they have then I will tell you what to do about this?

Also what is the nature of the allegations?

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

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.

Hi Jo,


 


The nature of allegations was fraud by misrepresentation which I denied and provided them with evidence that the company I worked was fraudulent and the Directors were transferring monies into that account and I had no control of the transfers. My bank account was used but nothing was spent from that account so all monies were there and which have been taken by the police.


 


The initial arrest took place in October 2012 and the items taken were:-


 


(1) 2 Computers one is broken the other has photos of my son when he was a baby and both belong to my partner.


 


(2) 2 Mobile phone one my partners which has all her contact details and photos as well and my phone.


 


I have had a word with the investigating officer and he has told me to keep well away from the Directors and CPS do not want to pursue the matter but I forgot to ask him about my items who made the allegations and I "feel" they will now be investigated.


 


 

Expert:  Jo C. replied 3 years ago.
If these items have been seized but are not being used as evidence then you should be entitled to them back.

You can usually recover by making an appointment to collect with the OIC.

If they refuse though then you you could apply to the Magistrates Court for release pursuant to the Police Property Act.