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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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If found not guilty in a mgistrates court can you claim your

Customer Question

If found not guilty in a mgistrates court can you claim your costs back which are mainly the solicitors fees particularly if it is a case that should not have been brought by the cps because of the police. Would you have to make a claim against the police.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

-Could you explain your situation a little more?

Expert:  Jo C. replied 3 years ago.
Actually dont worry. I see what you are asking.

No.

You can get an order that your costs up to legal aid rates be paid from Central funds. That will not be the sum you have paid but it will be something.

But you do not have a claim against either the police or CPS unless you can show malicious prosecution which is a very high test.

The fact that a person is acquitted does not prove that there was no basis for a prosecution.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

If the police did not carry out the arrest in the proper manner and did not abide by the rules once a person was in custody then could one make a claim against the police? It seems by your reply that the police and CPS can get away with prosecuting someone knowing that there is no come back. It is public money that they are using after all.Also I do not know if you can help but do you know of a good firm of Criminal Solicitors that you could recommend around the Kingston/Surbiton area?

Expert:  Jo C. replied 3 years ago.
It depends what you mean. Minor breaches of PACE are not worth pursuing in truth.

There are very few restrictions upon prosecutors. They are growing in the light of all the false allegations of sexual abuse but they are still not strong.

What type of criminal solicitors are you seeking? Are you hoping to sue the police?