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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70286
Experience:  Over 5 years in practice
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My partner whilst with his ex partner has a messy ending with

Resolved Question:

My partner whilst with his ex partner has a messy ending with evidence of violence on both sides. The charges were that of common assault and sexual touch against him. Following the initial arrest had not heared anything after 6 months. then he is informed that they have decided to take the matter further. His barrister advised the case to be two common assault inplace of the sexual touch. CPS refused to let the matter drop despite recieving a letter from his ex stating she wanted the sexual touch charge dropped. Despite all of this my Partner decided to ensure that he didnt face jail decided on an early guilty plee. Now he has been placed on the sex offenders list. I am so annoyed with his for taking early plee and feel stongly he should have gone to trail as his ex has clearly not told the truth within her statment with evidence to support this. He was so scared that he would face imprisonment he decided on this. The judge was surprised on the day the CPS would pursue the sexual touch charge as he him self believed it to be more a case of domestic bullying. Can we at all ask for the CPS t re look at the evidence they had to review what charges should have been put in place or ask some one independently to look at evidence again. My Partner fully agrees he behaved with violence and regrets this. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, there is absolutely no point. You would not believe how much I wish there were a consequence for CPS for bringing these prosecutions but there is none.
The fact that she has made a statement saying she doesn't want to pursue this is not evidence. In fairness, women do waste the time and resources of the police on this domestic twaddle all the time and the current policy is not to drop these things upon their request to teach them that they cannot use and abuse the criminal justice system in this way.
There is clear caselaw to the effect that CPS don't owe a defence a duty of care when charging so even if he did bring unmerited allegations there is no basis for a complaint. Moreover, he pleaded guilty so there is no basis to argue that these charges were not merited.
There is no way that CPS can be asked to review it for that reason and they would pursue it anyway. The allegation is not weakened by the fact that she is reluctant.
Im very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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