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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have an ex father in law who assaulted me but police won't

Customer Question

I have an ex father in law who assaulted me but police won't take any further action even after being given evidence. He also fled the country for fraudulent accounting in the 80s and travels back and forth from Spain - albeit for limited time only. How do I get the police to reopen the cold case against him for fraud or something I can do myself? What is the punishment for fraud in the 80s and for fleeing the country?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but that is not really realistic Im afraid.
If there has been a formal NFA then it cannot be revived. The matter has been closed. If this was in the 80s then that would have been before the law changed upon double jeopardy and anyway that is really only used for things like terrorism and murder and that very rarely.
Moreover, you cannot force the police to prosecute. They do consider the views of a complainant but that is only one small consideration.
You could take out a private prosecution but the risk is that CPS would take it over and drop it and if it fails because of double jeopardy then it would be struck out and you would have to pay his costs.
I'm very sorry but that is your position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Sorry, what is a NFA? Also, why would they close the file if the criminal is still absconding? I am thinking of the great train robbers who were wanted even though they fled the country? As well as Asil Nadir wanted for false accounting and theft?
Expert:  Jo C. replied 1 year ago.
No further action.
They could have decided upon that course of action for lots of reasons.
The great train robberies were in a different category I'm afraid. There was a public interest in their capture. It attracted huge media attention, it was a vast sum of money and somebody did die.
What happens in high profile cases is generally markedly different to what happens in other cases.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
How do I find if the file is NFA? Also where can I get detailed criminal records of my ex father in law? This will help me in my family law case as well. He assaulted me while I had a baby in my arms. Does that affect public interest?
Expert:  Jo C. replied 1 year ago.
The police should tell you whether he was NFAed.
You cannot get access to his antecedence as he cannot get access to yours. A person's antecedence is private. Only the police and the court can do that.

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