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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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Hi Alex, There is a private reputable solicitor / barrister,

Customer Question

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?
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 you proposing to reveal to him?
What are the circumstances please?
Do nothing until we have examined this. You cannot withdraw evidence once the other side has it.
Customer: replied 3 years ago.

Hi Jo,

I have been accused by my ex wife of raping her. Have been bailed since December 2013 on 4 occasions now till next year.

Was informed by my solicitor reason for this is CPS still to make a decision and have asked the police to make further enquiries ..........but they have had 9 months so what further enquiries can they make? Or is it just to make sure all is in order or could it be police have not really given the papers to the CPS?

I have solicitor but on legal aid then I enquired and found a reputable company and well known Barrister who said he wants to review my papers do you think its advisable to give him my papers that my current solicitor holds? Or should I just wait till the bail date which is next year

Sean

Expert:  Jo C. replied 3 years ago.
Nine months on bail is not actually unusual. It should be exceptional but sadly I think these stupid sexual offences is all that the police are dealing with at the moment and continual rebails are fairly standard.
It could be that papers have not been shown to CPS. Errors do happen and the police are overworked. CPS just could be taking their time over it.
In terms of switching legal aid, this is a matter for you weighing up all the options. I understand you are worried and want to do something. The truth is that the conviction rate is very low. The reason that the conviction rate is very low is that there are very many more false allegations than the media would have you believe and so juries are rejecting them.
Your current firm will have legal aid to cover the police station. You are perfectly free to switch if you are charged.
It does not harm to have another review the case although I am slightly surprised he wants to if he knows that another firm currently is dealing with you. I suppose its not court legal aid.
From a risk management point of view, it is better to do nothing. However aggressively this case is run that will not cause them to make a decision any earlier as for an inhouse CPS lawyer the safer decision is to prosecute everything. I do understand that from an emotional point of view, given the nature of the allegation, you want to take some action though.
All I would say is that if you were picked up in December 2013 and have been on bail since that time then clearly the case is not overwhelming.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo,

I am not worried as I have not done it anyway from that point of view I am but occasionally it plays on my mind. I try to pray and gym which assists me greatly.

Yes you are right in stating that the other firm is private and I have told him my situation but not my real name as I was not sure of switching and, I just don't trust anyone.

I was advised by friend who is an advocate to leave it as it stands.

Also the fact they are taking this long does that mean they will charge me for certain?

Expert:  Jo C. replied 3 years ago.
I wouldn't presume that private is better in this instance. You are much better off with a firm that does this work all the time.
Delays in bail don't really mean anything. They do mean the evidence wasn't strong enough to charge immediately but with these stale allegations that doesn't mean they won't charge and it doesn't mean they will. It might mean they are struggling for evidence or it might mean that they are just collapsing under the weight of the cases brought by young ladies who think its a proper subject for a police attention if somebody tried to kiss them forty years ago!
Customer: replied 3 years ago.

Hi Jo,

Yes unfortunately we live in a society that where there is false allegations. I am under legal aid so I will just stick to this firm and I do not want to put pressure on the CPS its better they conclude within their on time limit.

Also at this stage there is nothing the private law firm or legal aid firm can do even if there was judicial review am I right in saying this.

I have also previously asked other law firms and solicitors for advice do you think they would report me or inform the CPS and police about my calls to them?

Also can you please advise even if he reviewed the papers and the CPS decide to charge can the private law firm challenge that decision before trail?

Sean

Expert:  Jo C. replied 3 years ago.
I wouldn't JR at this stage. Its always very difficult to JR a decision to prosecute anybody and no decision at all is impossible.
It is possible to JR a decision to prosecute but not commonly. There is a seminal case that says that CPS owes no duty of care to the defendant and cannot be sued in negligence for prosecutorial decisions.
Customer: replied 3 years ago.
I have also previously asked other law firms and solicitors for advice do you think they would report me or inform the CPS and police about my calls to them?
This was when i was arrested it was due the shock of being falsely accused
Thereafter i just got confused with conflicting views and i composed myself
It can be quite shocking
I will go private once i am charged but at this stage its best i wait for decision as there is nothing anyone can do. I remember not wanting my 3rd child but she was adamant as she never wanted to go to work so effectively she raped me
Sean
Expert:  Jo C. replied 3 years ago.
No, you are perfectly free to do this. Its just that I wouldn't recommend a firm that harasses the police or CPS. My own practice is just to leave them alone. Its very frustrating but the more you pester them the more you bring your client's case to their attention which is very high risk. May pay off, may not. Wise solicitors choose the safer course of action overall.
I really wouldn't suggest going private with this. You want a firm that does this all the time and private firms do not generally. There are some exceptions - private paying firms that only deal with road traffic or dangerous dogs etc. But not this. Stale sexual offences are all the rage at the moment and every legal aid firm has long standing experience of dealing with them.
Customer: replied 3 years ago.
Hi jo
In june when it was the bail i was told she was waiting for some reports thereafter it would be given to cps and bail was then on 15 september and then 12 hours before bail date the police said that the cps are still making a decision and have asked the police to make more enquiries. But having 8 months to investigate what further information is there to be carried unless off course they go backe to my ex wife to question is this possible to clarify certain statements.
I was also informed by one firm about the video recording of my ex wife which they said i would be shown in my second bail date is this a fact?
Finally i have waited 9 months another 3 months wont do me harm i will just my solicitor 3 weeks before bail date for an update so its not forgotten what do you suggest
Expert:  Jo C. replied 3 years ago.
There could be other enquiries. Bear in mind that they sometimes have to get medical records which are slow.
They could take further statements from her.
It is possible that they could have further questioned you on a second bail date and so wanted to show a further ABE interview.
If CPS asked for further enquiries then they are not happy with the evidence as it stands. Bear in mind that, at the moment, there only needs to be the barest suspicion against you to be charged with a sexual offence so that is significant. That is the real reason there is a low conviction rate. The conviction rate was improving because CPS stopped prosecuting rubbish. After the Jimmy Savile allegation, which actually have never been tested in court and some are obviously attention seeking, they started to prosecute any nonsense again.
Customer: replied 3 years ago.
Hi jo
Are the police and CPS just there for there to charge someone and get a conviction or does the truth play a part or are they not bothered? I have never been shown a video despite being bailed on 3 occassions.
Also when my ex wife made the allegations she has stoped me from seeing the 3 children we have. I have since off course married and have a child. I know from her statement she said i was physical with the children and her, however when i had contact with the children theough the family courts she said i had a positive effect emotionally on the children and the children were interviewed and they all loved me so its all a contradiction i mentioned this in the police interview and showed them that.
I actually feel sorry for my ex wife as she never moved on and now i have she is devastated there are soo many contradictions hopefully if it goes to trail she will need to answear all these questions. Hopefully these contradictions will assist me.
Expert:  Jo C. replied 3 years ago.
I think its fair to say that they are bottom covering. The police and reviewing lawyers in CPS do generally know that false allegations are widespread and do make those points privately. That doesn't mean they won't charge it though.
Contradictions will assist you. Its not likely to lead to a conviction which is the only thing that matters. Her game with this will be to obstruct contact which has failed.
Customer: replied 3 years ago.
Hi jo
Yes her motive is stop contact with the children. The children have been interviewed an they have stated that the mother is a victim and i was only giving 5 pounds which is true as i was unemplyed at one stage. Yes you are right in stating they can still charge ......but is it worth charging if there are too many contradictions.
Been on bail for 9 months now. My solicitors has informed me that the longer it goes the better and there has to be an end to this soon. Also can you please advise can they interview her again and ask her about her inconsistancies?
They still have not interviewed me again which my solicitor says its a good thing. How can they investigate for 2 years then charge them they are mentally scarred justice delayed is justice denied. British Law is the worse and it will go down further.
Sean
Expert:  Jo C. replied 3 years ago.
They do charge very weak cases sometimes. That is why the conviction rate is low.
These stale prosecutions are generally a waste of money. So are most relationships ones as well in my opinion.
Customer: replied 3 years ago.
Hi jo
I know they do charge weak ones as well in regards ***** ***** they are stale like and they tend to fail however it can be dissolved nicely but it never happens.
I had a friend who was charged within 6 months of arrest for rapeing a girl he met in a club i was hoping a decision would have been made either way by now.
So weak cases goes to court and then there we have the police and cps complaining about cut backs and we have them wasting their own budgets so is it crime stoppers and stopping false allegations or crime creators ......after this my ex wife will look for another person and the circulation of compansation claim continues crazy crazy laws
Expert:  Jo C. replied 3 years ago.
Oh yes, and in six months she will make allegations against her new partner.
Domestic violence and sexual offences are a huge waste of money generally.
Customer: replied 3 years ago.
Hi Jo,
I spoke to my solicitor and he informed me that as far as he is concerned the medical records social services reports should have been gathered as he was informed by the officer that she would be colecting these in June then giving it to the CPS by September. Also with the length of time ie 8 to 9 months that is sufficient time anyway to collect these information, unless off course the officers are lying to him is that possible?
I have also been told that he will send them a reminder 4 weeks before the bail date just to see where they are with the investigations heay or may not get a response but will not push them thereafter he will send a reminder 3 days before that is when he will want an answear. He has said the officer has been updating him at each bail date anyway, which is unusal as to what they are doing because normally they just state further enquiries are being made and they dont disclose anything.
Sean
Expert:  Jo C. replied 3 years ago.
Its possible but not likely. Its not ethical to do that. Some people are unethical but not many.
I would approach this the way your solicitor is. You don't want to annoy the prosecution authorities. I prosecute all the time and you would not believe the reasons for deciding to prosecute sometimes. The reason is quite often never the one they commit to paper. The crown can be incredibly childish. Disliking a defendant generally is quite often the real reason they prosecute as indeed disliking an accuser is the reason they do not.
Customer: replied 3 years ago.
Hi Jo
You dont work for the CPS do you?
Yes the police are not suppose to lie its unethitical. As far as my solicitor is concerned the investigation by the police was concluded but when papers were given to the CPS the police were asked to make more enquiries what further enquiries could be made when everything has been investigated. Also it could be they have been asked to make sure all information and statements are correct.
This is a historical allegations surely it should not take ths long. According to my solicitor who has dealt with these allegations usually a decision should have been made by now.
Expert:  Jo C. replied 3 years ago.
No. They instruct sometimes but I've never been in house.
That is fairly common. The police finished and gave the papers to CPS who asked them to do something else. The police are just evidence gatherers.
In truth, a decision could be reached very quickly. I don't know why they take months on end about it. I suspect the truth is that they are just putting off difficult decisions.
Customer: replied 3 years ago.
Hi jo
Thanks for everything its nice to get an insight how prosecutors work. I also have a friend who actually works for the CPS but as a junior.
I hope what i have informed you is all in confidence. I shall just till have to wait till my next bail date in February 2015 by that time they would have made a decision by then.
Sean
Expert:  Jo C. replied 3 years ago.
This is a public site but you are anonymous and there is nothing that would particularly identify you here. Half the country is subject to these stupid investigations at the moment.
In any event, you haven't said anything contrary to your interests so its not likely to be an issue.
Customer: replied 3 years ago.
Hi Jo
My final question to you is do the CPS from a particular area collude with a solicitor from that same area and do solicitors provide information to CPS say if i called a solicitor and provided them with information are they likely to provide information to the Police and CPS? Say for example i hit my ex wife once only and i informed a firm of silicitor not representing me are they likely to provide this information to CPS and police
Expert:  Jo C. replied 3 years ago.
No. Solicitors are bound by a duty of confidence. They do sometimes negotiate with CPS but they are not going to tell them anything you have said in conference.
Customer: replied 3 years ago.

Hi Jo,

So at the moment I cannot have contact with my Children which is a pain in itself anyway however I have to be patient and hopefully the truth will come out.

The children are caught up in this and I have just had my son sending me messages via social network and also getting in touch with my brothers son through instegram. I am unable to reply but have passed this on to the solicitor as he is threatening to harm himself if he does not see me.

He is 16 and willing to testify against the mother anyway I think that is where the delay is prosecuting me the children's and her statements which are being contradicted.

Lets move on to February for bail date by that time a decision will be made fingers crossed.

Sean

Expert:  Jo C. replied 3 years ago.
Yes, that is probably the issue here.
It is an uncomfortable decision for CPS. No reasonable prosecutor wants to get families to give evidence against each other.
Customer: replied 3 years ago.
Hi jo
Is it likely the police and CPS can rebail me again bearing in mind i would have been on bail since december 2013. Next bail date is february 2015. Also do you think i would will get an answear before my next bail date?
Also is each case different for example do the CPS look at family issues and then you get celebrity cases etc. Can the CPS and police tell by their statements and information provided that the allegations are false?
Expert:  Jo C. replied 3 years ago.
Yes, they could do that but its not really likely.
They probably won't make you come back if they are going to take no further action.
Usually police officers are quite well aware when allegations are false.
Customer: replied 3 years ago.
Hi joe I was rearrested yesterday and questioned as my daughter has informed the police i raped her when she was 10 years old which is absurd as i was seeing her through the family courts along with my other 2 children and they were more then happy to see me she even wanted to overnight stays which is a contradiction to what she is stating now who in their right mind would want to have contact with someone who has raped them.I gave a full disclousure and I am sure my ex wife has put her up to it. Will the police look at what she said during the family hearing and family reports?Also can you advise how long it takes once being charged then going to magistrates court? How many months does it takeSean
Expert:  Jo C. replied 3 years ago.
They might. It might be for you to get that information.
Of course, your former wife has put her up to this. I wonder how many of the children who make these allegations are in the care and control of women who have previously made allegations of this nature.
Its fairly quick to get to the Magistrates court. Usually only about 10 days after charge.
Customer: replied 3 years ago.

Hi Jo,

I have all that information of the girl wanting to have overnight stays with me and my new wife so that is not a problem and provided them to my solicitor who had it and asked the officer if they wanted a copy of it.

The reason she wanted to have further contact / overnight stays with me was because I used to assist her greatly with her education and she missed me alot and wanted to spend equal time with both parents..........surely she cannot change what she said previously because it came from her heart and her education did improve as I used to take her Library on a weekly basis.

I thought it usually takes a month or so once I am charged with an offence for it to go to Magistrate court.

Expert:  Jo C. replied 3 years ago.
Well, it depends. Usually they come out with some nonsense about being a child and being confused and ashamed etc.
Customer: replied 3 years ago.

Hi Jo ,

They can come with that but once me and my ex got divorced she had the option to stay away from me from the false allegations which she is claiming me and her mother had divorced in 2006 and she wanted overnight stays in 2009.

However further down the line in 2013 she did state I was not supporting the family and was giving a payment of £40.00 per month and she did say she sees the mother as a victim in this divorce and the mother has come worse off financially.

Sean

Expert:  Jo C. replied 3 years ago.
Yes, well that will be the bile her mother has been feeding her.
Customer: replied 3 years ago.

Hi Jo,

At least the motive is known and thank god she said it in these reports and shows the child's anger and frustration financially .........and most importantly she was not ashamed or confused to say anything then she is a intelligent girl studying a degree of History nothing confusing then there.

Sean

Expert:  Jo C. replied 3 years ago.
Is this an adult child?
Customer: replied 3 years ago.

Hi Jo,

Yes she is 19 now and 16 when she said all those financial aspects, studying degree in history so she is intelligent and extremely savvy but very close to her mum and my son is close to me and I had contact and she wanted to at one stage in 2012 wanted to live with me when she fell out with her mum over some arguments its all on record, but my new partner refused this as she never wanted her any problems as the mum wanted CRB to be done on new partner and she is a teacher by profession.

She is alleging the allege rape happened in 2008.

Sean

Expert:  Jo C. replied 3 years ago.
Well, that weakens the argument then.
Its always the same. People who have lived in houses with parents who pretend to be victims end up making allegations of abuse themselves.
Customer: replied 3 years ago.

Hi Jo,

I know it weakens the argument. Thank god for the papers and interviews ..........I think its a case of amnesia with the daughter she forgot what she said and made the false allegations.

Also the good thing was I was living separate and it was their suggestion they she comes and stays with me I never ever influenced that decision her citing was she was having problems at home and wanted to be away from mum.

I hope it does not go to trail.........but if it does is a woman or man barrister better?

Expert:  Jo C. replied 3 years ago.
It doesnt matter really. It does matter about their experience and back ground.
Customer: replied 3 years ago.

Hi Jo,

As my daughter has made this Allegations will I will shown a video prior to trail. A firm of solicitors have informed they will do that in due course and ask for my opinion on her allegations is this true that I will be shown a video in the next bail date?

Expert:  Jo C. replied 3 years ago.
They will disclose the ABE before trial but usually not until after charge.
Customer: replied 3 years ago.

Hi Jo,

(1)So you mean to say I will not see the ABE until I have been charged???

(2)Also will they not ask for my opinion on the allegations they have made???

(3) Once I have been asked my views will it not go to CPS for a charging decision?

(4) Or will be charging me first then the ABE being disclosed at trail

Regards

Sean

Expert:  Jo C. replied 3 years ago.
1 You may not.
2 Yes, but they don't need to show you the ABE to do that.
3 Yes, this will go to CPS.
4 Usually the ABE is disclosed shortly after the first appearance.
Customer: replied 3 years ago.
Hi Jo
That means that firm of solicitors informed me incorrectly they said i will be shown then be charged.
According to your experiance do they charge if its a family issue?
Expert:  Jo C. replied 3 years ago.
No, it just means its a difference of opinion.
They very definitely will charge with family allegations. You would not believe how much I wish their policy were not to get involved in domestics.
Customer: replied 3 years ago.
Hi jo
Its 10 months now and still no charge. But what if there is a contradiction in the child statements now and what she said in the family court.
Do they re interview the child again if they think she is lying? Also from the video recording can they see they from their action if rape actually occurred?
Does the truth come out in court of law?
A child being raped would cause some sort of trauma and surely someone like my ex wife who was at home constantly after giving birth to my son would have noticed it. I am really worried as this law is crazy and they have nothing to lose but i do
Expert:  Jo C. replied 3 years ago.
Well, as I've said really, they probably won't know that. It may be for you to get that information.
They may do a second interview for lots of reasons.
Customer: replied 3 years ago.
Hi Jo
I do have the Family reports should i ask my solicitor to forward it to them?
Also accoriding to your experiance how long does it take from being arrested to charging decision how many months does it usually take in historical allegations.
Sean
Expert:  Jo C. replied 3 years ago.
No, absolutely not.
That will just give them an opportunity to put the inconsistency to her and she will have an opportunity to think of a lie.
That is sort of thing you don't want her to know about until she is actually cross examined
Customer: replied 3 years ago.
Hi Jo,
She can lie and lie but she cannot and neither can mother change previously in the family report.
Also please advise how long does it generally take from being arrested to being charged in historical allegation?
Expert:  Jo C. replied 3 years ago.
It depends on the case but over a year is not uncommon.
Customer: replied 3 years ago.
Hi Jo
So they expect to defend himself once they have mentally screwed him is this british justice?
Police are abusing bail Justice delayed is justice denied. Makes me wonder if they are really investigating? If they think they are doing a person a favour by realeasing him on endless bail rather then banging him up they are clearly wrong.
I was informed by a solicitor that it usually takes 6 to 9 months from arrest to being charged.
Sean
Expert:  Jo C. replied 3 years ago.
Its not the police really. Its these people who make false allegations.
They always been a problem but they are now allowed to get away with it more.
Customer: replied 3 years ago.
Hi Jo
I agree with that then why dont the coppers charge then with perjury. If there are contradictions then its the police duty to have a fair and balanced investigation instead of it being one sided
Sean
Expert:  Jo C. replied 3 years ago.
For three reasons basically.
1 It's very difficult to prove. Its one thing to prove that an allegation is disbelieved and another to prove its false.
2 Even where they can, prosecutions for perverting deter false witnesses from admitting that they have lied.
3 They also discourage reporting although, quite frankly, in my opinion that would be no bad thing.
Customer: replied 3 years ago.
Hi Jo
Will i be definatly charged then? All i have been told is that CPS have told police to make further enquiries and a decision has not been made when file was passed to them .........surely they could have made a decision when file was passed to them so why just not take it to trail instead of bailing me all this time
Sean
Expert:  Jo C. replied 3 years ago.
No. Its I've said on this point really. they are doing further enquiries.
Customer: replied 3 years ago.
Hi Jo
Whats the point of making more enquiries when
1. They have allready done that in August and file was passed to the CPS what further enquiries be made on historical allegations they have made had 9 months to investigate what further enquiries be made as the officer said all work has been done
2. As you said they are charging this moment in time so why not just charge with the evidence they have and charges have also been made on the weakest allegations anyway
Sean
Expert:  Jo C. replied 3 years ago.
I think I've really covered this above and I'm worried about wasting your time by repeating myself.
Customer: replied 3 years ago.

Hi Jo,

I have been charged unfortunately and have to appear at the magistrates court on 7th October.

I have my charge sheet and am using legal aid solicitors as you advised. Thereafter it will be crown court Trail will probably next year. 6 to 9 months.

Sean

Expert:  Jo C. replied 3 years ago.
I wouldn't panic too much about being charged. They are charing everybody at the moment. It doesn't mean you will be convicted.
Customer: replied 3 years ago.

Hi Jo,

Yes I know my current solicitor there is a chance that they could drop it once they have read our submission.

Also I regret that I should have asked that private law firm who were prepared to submit a file to the CPS before being charged and there would have been a chance of not being charged .....what's your view on this?

I need to concentrate on this matter now by quickly making appointments to solicitors to see which one would be best for me.

Would I be entitled to a QC? to represent me??

Expert:  Jo C. replied 3 years ago.
You can instruct a QC but you wouldnt get that on legal aid. They are not necessarily the best option. QCs do not generally do back to back rapes. You would be much better with an experienced junior.
Customer: replied 3 years ago.
Hi Jo
I have these cafcass reports of when the mother and child were interviewed. They have been filed in the family county courts although i have copies of them can they be used in the crown court to highlight the i consistantcies
How easy is it to get access to them?
Sean
Expert:  Jo C. replied 3 years ago.
Do not show it to anybody. That is a confidential report. You need an order forcing disclosure from the criminal court.
Just let your solicitor instruct counsel who will deal with all this
Customer: replied 3 years ago.
Hi Jo Can an order be granted I have only shown it to my solicitor only how easy is it to get this order from the criminal courts they are legal independent papers filed in the county court for family matters from this directions were made regarding contact.As you are fully aware these are independent reports.Sean
Expert:  Jo C. replied 3 years ago.
you don't need an order to show it to your solicitor and barrister but he needs an order to show it to others
Customer: replied 3 years ago.
Hi Jo
Can my legal team get an order to show it to others? Or even to the judge and the courts.
(2) Also can police and Cps get an access these reports i did mention it to the police in my interview with them
Sean
Expert:  Jo C. replied 3 years ago.
Yes, but it doesn't work like that.
You need to get an order forcing the family court to disclose. Then the report can be used.
Its not usually difficult but it must be done.
Customer: replied 3 years ago.

Hi Jo,

Off course we need permission because they could potentially come to the trail so nothing is said out of context and the only thing that is said is what the child and mother have said.

Take and thank you for your assistance.

Trying to rate you but cannot.

Sean

Expert:  Jo C. replied 3 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.
Hi Jo
Is it fairly easy for the CPS and Police to get access to these CAFCASS papers? I did mention them in my interview
Do the police and co shave access to all the documents they require can they get transcripts from the family court proceedings as well?
Expert:  Jo C. replied 3 years ago.
No. They need a court order.
They won't do that though. It will be for you to do that.
I suppose you could put it in your defence statement but its still an issue of third party disclosure.
They can get this information but it needs to be directed by a Judge.
Customer: replied 3 years ago.
Hi JoBut they can get the order and obtain copies as I mentioned it in my interview my solicitor has said its pointless giving them copies as they can easily access this informationHe also advised me that because it's a family issue it's the duty of the police to look at all previous family issues and that includes family report and court process involved.You did state previously that my barrister can easily get a court order and it's not difficult to get that
Expert:  Jo C. replied 3 years ago.
They can get a court order but that isn't what you want.
What you want is the information relied upon to get that order which is confidential and cannot be accessed by the police without a direction from the Judge.
Judges will make those directions if they are satisfied that it is relevant but it needs to be done.
Customer: replied 3 years ago.
Hi Jo
I was hoping that the police would access this so they can at least see the family history
My solicitor has misinformed me then when he said they should copies of it anyway as they have access everything has he lied to me then?
Please advice so I can change solicitor as I think I am being misinformed me
Expert:  Jo C. replied 3 years ago.
I don't think he is misinforming you.
Just let your legal team deal with this.
If the order becomes relevant then it can be produced at any time. This is not an allegation of breach of a non molestation order so its a non issue.
The only thing that might be relevant is any previous inconsistent statement.
Customer: replied 3 years ago.
Hi Jo
what your saying is that the police can get copies of it if an order is made by the CPS and police?
Expert:  Jo C. replied 3 years ago.
No. They need a court order.
They won't do that though. It will be for you to do that.
I suppose you could put it in your defence statement but its still an issue of third party disclosure.
They can get this information but it needs to be directed by a Judge.
Customer: replied 3 years ago.
Hi Jo
So would it be wise to give them a copy?
Well my solicitor has already started the process of using this in my defence he said it's relatively easily to get one permission.
I find it surprising the police who I thought had access to everything would easily be able to do that what's the point of investigating if they don't look at the whole picture
Expert:  Jo C. replied 3 years ago.
Well, whats the point? What do you expect it to say that will help your case?
The issue about the police is a wider one. They are under an obligation to investigate all avenues including those that point away from a suspect but they regularly don't. In this case though, I think previous inconsistent statement is really a point for third party disclosure for the defence.
Customer: replied 3 years ago.
Hi Jo
Well there are already inconsistencies in these reports and if the CPS read them they would easily find out all these allegations are a lie, even my solicitor said that.
I am in deep problems I need these reports in court as my defence
Expert:  Jo C. replied 3 years ago.
You are not in difficulties. You can get all of this information but you need a court order.
Customer: replied 3 years ago.
Hi Jo
Well the police are lazy do you think the copies I had and if I gave them to the police they would have read it???
Expert:  Jo C. replied 3 years ago.
I really don't think you should be giving things out in this way.
Firstly, its probably privileged information which means you could have committed a contempt of court.
Secondly, even if its not you cannot just give things to the police. For all you know it may be evidence against you. Everything is a double edged sword with these things.
Customer: replied 3 years ago.
Hi Jo
Can a medical examination done to proove a girls virginity ..... I know all my step children have never had a girlfriend or boyfriend can it be prooved that say if the girl is 20 now and she is a virgin can it be prooved she is a virgin? They are strict roman carholic girls
Sean
Expert:  Jo C. replied 3 years ago.
It doesn't prove virginity but there are tests that can be done that suggest sexual activity. There is absolutely no prospect of a court ordering such a test though.
Customer: replied 3 years ago.
Hi Jo
Its just i seen a recent case micheal levell case and there was a test done in that case and analysis were given by experts in that case regarding virginity this case was in 2013
Expert:  Jo C. replied 3 years ago.
Medical examinations are done to gather evidence but there is absolutely no prospect of them forcing a complainant to go through any form of medical examination on a mere fishing expedition Im afraid.