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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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Hello, An allegation of common assault was levelled against

Resolved Question:

Hello,

An allegation of common assault was levelled against me in April this year and I was informed by the police that they submitted their evidence to the CPS for advice on how to proceed but I am still awaiting a decision from the CPS. My bail has extended twice over a three month period. As a professional this allegation has affected my job without any charges brought against me. I will like to know how if the CPS have timelines for cases and if a lawyer's involvement can hasten the process as I am losing my sanity. The advice from my current lawyer is that nothing can be done until the CPS arrives at a decision.
Your succinct advice will be much appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What are the facts of the case against you please?
Customer: replied 3 years ago.

I visited a local with partner and 3 year old child on the 28th of April 2014 while there my son was feeling on easy. I tried to calm him down by giving him my car keys. My son is fanatical about cars so I thought it was a good idea. This did not stop him from crying and wanting to get out of his buggy. I snatched the keys from him and told him that I will not take him out for drive if he does not behave. We concluded things there and left but I was arrested six days later by the police. It prevailed that my partner had made gone to police six days later. Prior to her visit to the police she had visited the local store fours days after our visit to speak to the customer service assistant to collaborate her account. The statement she gave to the police that she believed that I hit my son but she did not claim to have seen me to that. I was informed by the police that they will review the CCTV footage in the stored as part of their investigation. They had also spoken to the customer service assistant who collaborated my partner's account. It has been almost three months now and awaiting a decision from the police/CPS.

Expert:  Jo C. replied 3 years ago.
Thanks.

Are you asking what decision they will reach? Obviously I cannot be certain of that.
Customer: replied 3 years ago.

Hello Jo,


 


I am asking if the CPS has timelines for cases and if a lawyer can exert pressure to hasten the process as it is taking to long on a case such as this


 

Expert:  Jo C. replied 3 years ago.
If this is an allegation of common assault then they have to lay an information before the court within 6 months. However, there are no time limits upon making the decision to prosecute or not save for, of course, the fact that if they are going to prosecute it has to be done within time to let them lay an information.

However, a lawyer cannot exert pressure. Now that CPS make the decisions over charge it would be amazing if they could even identify the charging lawyer.

Sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Thanks Jo for your response and have a niceday.
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

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