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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been stalked by a former employer past two and

Resolved Question:

I have been stalked by a former employer for the past two and a half years. The Police investigated and found that he had accessed my personal mobile phone account 115 times in a six month period. The CPS refused to prosecute as it was not in the public interest.
In December last year, he travelled 15.5 miles at 2.30 am and painted BITCH down the side of my car. I have CCTV and his car was caught less than a mile away from my house 13 minutes before the criminal damage by the number plate recognition cameras.
I then received a number of threatening text messages.
At the end of January, he came back and threw red paint over my car. Again, the cameras caught him.
The CPS have stopped the prosecution, as they say the CCTV footage is not clear, and he is not recognisable (he wore a hat and ski wear, knowing I had CCTV), but he has a distinctive gait. The fact that his vehicle was caught on the police camera's is suspicious, but picture does not show his face.
When he was questioned by the Police, he refused to answer questions as to why his vehicle was in my home town, less than a mile from my house at 2.17 am on each occasion.
I have asked them to review their decision, but they maintain that the evidence is not strong enough.
I have been assessed by the Stalking Paladin as a high risk of harm by this man and the Police are aware of this.
I made the CPS aware of all instances of stalking, but it appears that as the Police only presented the case of criminal damage and not as stalking, these are the only charges the CPS are reviewing.
My question is this, are the CPS able to charge for stalking if all the Police have presented is evidence of criminal damage, or would the Police have to now have to present all of the evidence and ask for stalking charges to be considered.
When I asked the Police why they were not including the 115 breaches of my personal data in the case, they responded that the CPS had considered and refused to charge, but that was before all the other evidence was available.
My fear is if this man is not held to account for his behaviour, his belief that he is above the law will be confirmed, and he will have no deterrent in causing me physical harm, as he has threatened.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
What is it you want to achieve please?
Customer: replied 1 year ago.
I want to know if it is the Police that need to re-present the case to the CPS as stalking and not just criminal damage, or whether the CPS have the ability to make that decision themselves?
Expert:  Ash replied 1 year ago.
The cps are independent of the police. I can be the cps or the police that make a charging decision. So the police can represent it to the cps or the cps can review it themself.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So if I present all of the evidence to the CPS, evidence that the Police have not presented, they can still decide to charge?
Expert:  Ash replied 1 year ago.
Yes.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, thank you. I will start building a case myself.

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