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Jo C.
Jo C., Barrister
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NFA letter says that the case would be reopened if fresh evidence

Resolved Question:

NFA letter says that the case would be reopened if fresh evidence comes to light. What would be classed as fresh evidence and what time span would be involved since NFA letter?
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.

I was on unconditional bail for a very long time - almost 9 months. It was for a very serious allegation - attempted murder (my ex husband). During that time we were allowed to meet without police presence. Circa law is unknown territory and having researched bit I understand that unconditional bail for such a serious allegation is not very usual.I received NFA letter in January. My ex and I are still going through divorce and met a couple of times sometimes not in public place. Every time we meet I feel very worried that he will make accusations. I am also not clear what fresh evidence could be brought against me - examples? I was told that the forensic tests were negative. What else could be there and how far in the future I have to worry about this?

Expert:  Jo C. replied 2 years ago.
If this is police bail then unconditional bail is very common. Court bail generally has conditions. The truth is that probably comes down to no more than sexism. Allegations of female violence are just plain not treated in the same way as allegations of male violence.
If he makes fresh allegations then probably that would lead to charges. It would be considered on it's merits but the fact of the other allegation will be a factor that will be considered.
Fresh evidence could be anything. Fresh DNA evidence, other witnesses or any other form of evidence. It is too exhaustive really. I'm afraid that there is no time limit upon this. They could revive it many years later although obviously that is fairly rare. Historical allegations are becoming more common and therefore cold cases are brought but still not very regularly.
In truth, it probably wasn't an attempted murder. That was probably just the holding arrest reason. It was almost certainly just a S20 assault or maybe a S18. Attempted murders are not common.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
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