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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I was arrested last year august 2013 for supposedly raping

Resolved Question:

Hi I was arrested last year august 2013 for supposedly raping my step daughter its been 9 months and still the police have not charged me.Recently I found out from my sister who has contact with my ex wife still that she took her daughter to the police station to withdraw her statement,apparently you can't withdraw your statement so her daughter was interviewed and said that she imagined all this she signed the new statement..My question is if the police believe they have a case can it still go to crown court even though they changed their statement?If so what if they refuse to go in the witness box what will happen?This innocent apparently happened in 2010 when my step daughter was 10 she will be 14 in august 2014..I'm out on bail since august 2103 police keep rebailing me..pls help
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

Potentially the case could proceed.

Alex Watts :

As soon as you make a complaint you in effect lose control over it - it belongs to the Police and the Crown Prosecution Service

Alex Watts :

When a statement is withdrawn then it should go to a CPS lawyer who can decide whether to discontinue or proceed.

Alex Watts :

In this case there is evidence to say that the initial allegation was untrue.

Alex Watts :

The CPS should then review the evidence and decide what steps to take.

Alex Watts :

Really your Solicitor should be progressing this with the CPS and trying to push that no further action is taken.

Alex Watts :

If the CPS decide to charge and it goes to Court potentially they can call an unwilling witness.

Alex Watts :

It is unusual for this to happen to force someone to give evidence, but it can happen - particularly in domestic violence disputes

Alex Watts :

However your Solicitor should be chasing the Police/CPS to see whether the file has been reviewed and what steps if any taken

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If it does go to court can they refuse not to go in the witness box?

Alex Watts :

Yes this does happen

Alex Watts :

Again very unusual to force a witness and if your daugther is under 18 even less likely

Alex Watts :

Can I clarify anything else for you?

Customer:

thank you that will be all have a nice day

Alex Watts :

And you.

Alex Watts :

Please remember to rate my answer before you leave today

Alex Watts :

If the system wont let you, please do let me know

Alex Watts :

Good luck with this.

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