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Hello my name is ***** ***** I will help you with this.
Could you please explain the situation a little more?
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
On what basis is it taking so long do you know?
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
Ok - has the matter been forwarded to the CPS, rather than the Police taking a decision?
yes, is that unusual?
Yes to CPS?
yes to cps
Thank you. Sadly there is no time limit or the amount of times your friend can be bailed.
However what he can do is threaten them with a Judicial Review.
This is where a High Court Judge will examine the decision by the CPS
The High Court Judge will examine the legality of the decision by the CPS and whether it is reasonable.
Of course it will be legal but the Judge will then consider whether it is reasonable.
A Judge will either agree with their decision or remit it back for further consideration
But sadly this is all your friend can do
There is a process for following Judicial Review as there are pre-action rules to follow
The rules are detailed here:
You will see there is a letter that has to be sent then a formal letter of response.
But his Solicitor can do this for him
Can I clarify anything about this for you today please?
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?
Well the fact he has been rebailed can be challenged.
You could argue there is an unreasonable delay.
The decision to rebail rather than take no further action or charged can be challenged.
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?
As for Solicitor fees I can't say, this may be included or the Solicitor may charge for this.
But if it was private the letter would be about £250
and thats all there would be - there isn't a fee to formally lodge the letter - just whatever the solicitor would charge?
Just the Solicitors fee
You are just doing the pre action letter at this stage
thank you so much for your help
if it went further
there would obviously be solicitor fees then i assume
If it went further...........?
Yes there woud
* would *
But he may get legal aid depending on circumstances
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?
Its hard to say whether it was contested.
Top end would be £5,000 to a fully contested hearing
But if he wins he can ask for costs
ok final question if i may
is this something you would suggest or is it better to wait out yet another bail date?
I would fire off the pre action letter - nothing to lose
thanks for your help
Can I help with anything else today?
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?
Yes. You can ask for me in future, just bookmark my profile
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