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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Hi, what is report for summons

Resolved Question:

Hi, what is report for summons
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

My son attended for a voluntary interview then we were visited by police to tell us they are reporting him for summons. Will he definately get a court date or will the court review first?

Expert:  Jo C. replied 2 years ago.
Courts do not review these things until the date of trial when, of course, only a court can decide on innocence or guilt.
CPS should review the matter but I have to say that you would never notice whether they had or not for all the sense you often get.
If he is reported for a summons though then normally they are generated by the police rather than CPS. They do forget to do it sometimes but it is obviously not something you can rely upon.
CPS should review it at court.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Police told us CPS had decided there is enough evidence to prosecute (baffled by this evidence thing think they only have 1 young boys word against another, 10 and 11 at time 2.5 years ago). So to clarify police will do report for summons which we will get in the post. We will go to youth court, will the CPS review the case before he has to plea? Will our defense solicitorget to see the evidence before the court date? Thanks

Expert:  Jo C. replied 2 years ago.
They regularly do charge on the basis of that type of evidence. It is an easier decision for them to charge than not.
How old is your son?
Customer: replied 2 years ago.

He is 14, was 11 or 12 at time of allegation probably just 12

Expert:  Jo C. replied 2 years ago.
That would go to the Youth Court then.
CPS probably won't have reviewed the case. They should but that is an ideal world.
The evidence that the Crown rely upon will be handed to your solicitor on the morning that you son appears.
Customer: replied 2 years ago.

Will our solicitor be able to ask the CPS to review before the day in court or have to wait till the day. Also is there a chance that when the police came to say they were reporting they were hoping for my son to admit to the allegation, just wondered why they did not just phone me. Also is there a chance they could have left our house and decided not to take it any further even though they said they would? I have been told they can be quite cunning. Our legal adviser was sure it would go to no further action after the interview. Thanks

Expert:  Jo C. replied 2 years ago.
You would have to wait for the day realistically. Letters can be sent into CPS but your solicitors probably won't want to do that because legal aid won't be available until the first appearance and also it is pointless anyway. Writing to CPS is like sending letters into a black hole at the moment.
They could have decided not to take it further. That does happen sometimes.
Customer: replied 2 years ago.

My son is only 14 and the last thing we want is for him to get a criminal record. He has never been in any trouble of any sort before, to is doing really well at school expected to get A's in his GCSES. He wants to go to university he is ambicious and a lovely boy we just can't believe this is happening due to another boy telling lies. Social services were contacted by the police who closed the case after a phone conversation with me. Hes not guilty and if he has to plea in court we are worried it could all go badly as it has so far. It seems so unfair to put him through all this for an allegation 2.5 years ago and both boys were so young. Sorry for the rambling thanks.

Expert:  Jo C. replied 2 years ago.
Most youth crime is an outrageous waste of money.
The trivial stuff could be dealt with by parents and the school and the serious stuff should be with social services.
Mind you, it is no better in the adult court. If the public had any idea of what most domestics amount to there would be an outcry.

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