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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have been on bail since December 2013 and have been

Customer Question

Hi,
I have been on bail since December 2013 and have been rebailed to April 2014 then July 2014 September 2014 and now till next year.
I have been advised by my solicitor that the reason for rebail in July was to make further enquiries thereafter it would go to CPS the reason for this was that the CPS have not made a decision as yet and have asked the CPS to make further enquiries.
Can I complain against this bail also if I were to go to another solicitor can they put pressure on the CPS to make a decision. Please note as I have not commit the offence it does not really bother me, however please advise what my solicitor can do to insure that my case is not forgotten.
Regards
Sean
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Sean my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why they have not made a decision as yet?
JACUSTOMER-xo3btoj9- :

Hi Alex,

JACUSTOMER-xo3btoj9- :

Well I was informed that the CPS have asked the police to make further enquiries and they are still in the process of making a decision.

JACUSTOMER-xo3btoj9- :

I have been advised by another solicitor they can review the case and ask the police why it is taking them such a long time.

JACUSTOMER-xo3btoj9- :

Hi Alex,

JACUSTOMER-xo3btoj9- :

If I knew why they have not made a decision I would not be asking you

Alex Watts : Indeed. What you should do is get your solicitor to write and complain. The solicitor can judicially review the police as to their decision to keep re bailing you.
Alex Watts : There is a particular protocol that needs to be follow which is started by sending a pre action letter as to the decision and why they think it is wrong.
Alex Watts : If the police / CPS fail to respond or it is inadequate you can judicially review the decision about your case.
Alex Watts : This means the decision would be examined by a judge of the high court. A judge can either agree with the decision or remit it and, for further comment consideration.
Alex Watts : So whilst the police are free to re bail you, that decision can certainly be challenged in the high court.
Alex Watts : Speak to your solicitor about this - they should kmow the detail of what to do.
Alex Watts : But details of the rules and procedure can be found here
Alex Watts : http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-xo3btoj9- :

Hi Alex,

Alex Watts : Hi
Alex Watts : please note I am on the train so may be on and offline
JACUSTOMER-xo3btoj9- :

I have spoken to my solicitor and they have informed me that as it is only 9 months plus this does tend to happen and the reason why it is such a long bail date could be that in the next bail date a decision will be forthcoming. She has stated that by pushing them quickly they could make a quick decision to charge me so it would be in my best interest to leave it at this stage.

Alex Watts : Indeed. It's a double edged sword. You don't want them to rush to charge you and make a decision
Alex Watts : but on the other hand you do want them to make a decision
Alex Watts : You may be better off waiting a short amount of time and then firing a letter off for judicial review
JACUSTOMER-xo3btoj9- :

Also does that mean by them taking this length of time they will charghe me?

Alex Watts : I think if it gets beyond a year that is certainly time to complain
Alex Watts : not necessarily, they may still be conducting their investigations
Alex Watts : It does not support charge one way or another
Alex Watts : but it may be if they conclude they don't charge, which helps yoi
Alex Watts : you
Alex Watts : Does that assist with matters?
JACUSTOMER-xo3btoj9- :

I do not want them to make a quick decision although at times only it plays on my mind

Alex Watts : i realise it is not very nice having this hanging over you.
Alex Watts : indeed it does
Alex Watts : But you don't want to force them into a position and they just chagre.
JACUSTOMER-xo3btoj9- :

I had a fraud issue that was dropped after 18 months on Bail with NFA

Alex Watts : But at the same time you need certainty.
Alex Watts : I would allow it a few more months then put pressure on
Alex Watts : Does that help?
JACUSTOMER-xo3btoj9- :

Yes it helps.........It is a historic rape issue with my ex wife

JACUSTOMER-xo3btoj9- :

in 2006 she states it happened

Alex Watts : Indeed. Can I help with anything else today?
JACUSTOMER-xo3btoj9- :

and thereafter our third child was born if there are contradictions does that help?

Alex Watts : It certainly weakens the allegation
Alex Watts : Does that help?
JACUSTOMER-xo3btoj9- :

So say for example she stated to the midwife which is on record and at children's school report I was the best husband and dad in the world and assisted her with everything in 2008 then in 2010 we divorced and now she is stating that I raped her in 2006.

JACUSTOMER-xo3btoj9- :

Also when my daughter ran away from home in 2009 and police were called in she was informed if I was ever violent towards the kids or to her and she said never. Yes I was strict with them in regards ***** ***** out and and sometimes verbally telling them off.

JACUSTOMER-xo3btoj9- :

But never physical towards them.

JACUSTOMER-xo3btoj9- :

or to her

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex,

There is a private reputable solicitor / barrister, who has asked me that he wants to see my papers and allegations involved he said he wants to see the papers and he wants to see if he can get it thrown out if possible.

He has asked me to ask my current solicitor to give all the information they and then forward it to him. Do you think its appropriate to do that?

Expert:  Ash replied 2 years ago.
Yes there is no reason why not.
Alex
Customer: replied 2 years ago.

Hi Alex,

If I give it to another solicitor for there opinion can they inform the police and can my case weaken as it showing nervouseness??

Sean

Customer: replied 2 years ago.

Hi Alex,

If I give it to another solicitor for there opinion can they inform the police and can my case weaken as it showing nervousness??

Sean

Expert:  Ash replied 2 years ago.
No not at all. The police have either made further enquiries or they have not.
Alex
Customer: replied 2 years ago.

Hi Alex,

Obviously they do not tell you at what stage of the investigations they are at except file was passed to them and they are making more enquire.

Are the police just there to get a conviction or is the investigation a fair one where they look at the suspects statement and interview and also the alleged victims statements and interview?

Expert:  Ash replied 2 years ago.
The cps will have a lawyer review the evidence and decide whether there is enough to get a conviction. If so then you are charged,
Alex
Customer: replied 2 years ago.

Hi Alex,

Do they charge on the weakest evidence as well?

Also what is the length of time in months of Arrest to charging decision approximately?

Are you a Barrister or solicitor

Expert:  Ash replied 2 years ago.
There is no time limit. I am a solicitor.
The test is they need to be able to secure a conviction, so beyond doubt,
If the case is weak they won't chagre.
Alex
Customer: replied 2 years ago.

Hi Alex,

So it can be 2 to 3 years does the truth come out in court? When the alleged lying victims are cross examined.

Sean

Expert:  Ash replied 2 years ago.
Yes victims are cross examines,
It's unliekly to take years as you would judicially review them if it took that long.
Alex
Customer: replied 2 years ago.

Hi Alex,

Is the investigation and CPS decision fair or do they just take their word for it?

We are taking about historic rape here

S

Expert:  Ash replied 2 years ago.
No it's fair. They must consider all the evidence.
Alex
Customer: replied 2 years ago.

Hi Alex,

Thank god for that its fair because I have documents such as Family court papers as to the ex wife and children said about me in the past, which has all been positive and what they are saying now.

Can all these documents used a contradiction? Please note these are family paper documents can they be used as my defence?

Expert:  Ash replied 2 years ago.
Yes it can be used in your defence
Alex
Customer: replied 2 years ago.

Hi Alex,

I am talking about the CAFCASS papers can they be used ........I mentioned this in the police interview and do the police have access to these papers?

Expert:  Ash replied 2 years ago.
No the Police wont have access.
Alex
Customer: replied 2 years ago.
Hi Alex
But I was informed by my solicitor that they do. Do you think i should send them a copy of it?
Also as i mentioned it in my interview they have a duty to request this should i give it to them?
Expert:  Ash replied 2 years ago.
If it assists your defence and you give permission then they can access it.
Alex
Customer: replied 2 years ago.
Hi ***** was informed by solicitor the police have access to everything even the CAFCASS so it's pointless giving it to them I have provided the papers to my solicitor anyway
Does that me my solicitors are misinforming me? I thought the police have access to everything and they need to look at the family history and the way to go about is to look at the past family situation and proceedings
Expert:  Ash replied 2 years ago.
They generally only have access to other documents with your consent.
Alex

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