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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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is there a way to force the CPS to process a case quickly?

Resolved Question:

is there a way to force the CPS to process a case quickly?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain the situation a little more?

Customer:

i have a friend who has been acused of child abuse by a malicious ex partner. The case has been considered as 'low priority' by the CPS and he has been re-bailed 5 times. I wondered if there was a way to force the case to be reviewed as it is causing a lot of unrest and upset in his family

Alex Watts :

On what basis is it taking so long do you know?

Customer:

his solicitor isn't particularly helpful to be honest. He has been speaking directly with the police investigator to get most of his information. He advised that they have not found it to be of a high priority and has said unofficially that he doesn't believe there is a case there and expected it to be closed down in July at the last bail hearing that was then rescheduled 24 hours before it was due to proceed

Alex Watts :

Ok - has the matter been forwarded to the CPS, rather than the Police taking a decision?

Customer:

yes, is that unusual?

Alex Watts :

Yes to CPS?

Customer:

yes to cps

Alex Watts :

Thank you. Sadly there is no time limit or the amount of times your friend can be bailed.

Alex Watts :

However what he can do is threaten them with a Judicial Review.

Alex Watts :

This is where a High Court Judge will examine the decision by the CPS

Alex Watts :

The High Court Judge will examine the legality of the decision by the CPS and whether it is reasonable.

Alex Watts :

Of course it will be legal but the Judge will then consider whether it is reasonable.

Alex Watts :

A Judge will either agree with their decision or remit it back for further consideration

Alex Watts :

But sadly this is all your friend can do

Alex Watts :

There is a process for following Judicial Review as there are pre-action rules to follow

Alex Watts :

The rules are detailed here:

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv

Alex Watts :

You will see there is a letter that has to be sent then a formal letter of response.

Alex Watts :

But his Solicitor can do this for him

Alex Watts :

Can I clarify anything about this for you today please?

Customer:

thank you - i'm assuming though he would have to wait for the CPS to have come to a decision before challenging? his solicitor mentioned something about forcing their hand to make a decision?

Alex Watts :

Well the fact he has been rebailed can be challenged.

Alex Watts :

You could argue there is an unreasonable delay.

Alex Watts :

The decision to rebail rather than take no further action or charged can be challenged.

Customer:

and do you know how much it would cost to lodge this letter? is it solicitor fees only or is there a charge to it too?

Alex Watts :

As for Solicitor fees I can't say, this may be included or the Solicitor may charge for this.

Alex Watts :

But if it was private the letter would be about £250

Customer:

and thats all there would be - there isn't a fee to formally lodge the letter - just whatever the solicitor would charge?

Alex Watts :

No

Alex Watts :

Just the Solicitors fee

Alex Watts :

You are just doing the pre action letter at this stage

Customer:

thank you so much for your help

Customer:

if it went further

Customer:

there would obviously be solicitor fees then i assume

Alex Watts :

If it went further...........?

Alex Watts :

Yes there woud

Alex Watts :

* would *

Alex Watts :

But he may get legal aid depending on circumstances

Customer:

i know you can't say a number for sure but are we talking hundreds or pounds or in to the thousands if it went beyond the initial letter?

Alex Watts :

Its hard to say whether it was contested.

Alex Watts :

Top end would be £5,000 to a fully contested hearing

Alex Watts :

But if he wins he can ask for costs

Customer:

ok final question if i may

Customer:

is this something you would suggest or is it better to wait out yet another bail date?

Alex Watts :

I would fire off the pre action letter - nothing to lose

Customer:

great

Customer:

thanks for your help

Alex Watts :

Can I help with anything else today?

Customer:

no i think thats all. can i contact you again if i have anything further to ask on this over the next week or so?

Alex Watts :

Yes. You can ask for me in future, just bookmark my profile

Alex Watts :

If this does answer the question might I invite you to rate my answer, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Thanks Alex

Alex Watts :

Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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