How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Once the CPS have made a charging decision how often

Customer Question

Hi,
Once the CPS have made a charging decision how often is it reviewed.
Also can you please define what a silk is.
Gary
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello, can you please provide more details about your question
Customer: replied 1 year ago.
OK I have charged with drugs, fraud and historical sexual offences. The first 2 I am going to plead guilty but the last one I am innocent of that crime.Gary
Customer: replied 1 year ago.
Hello
Expert:  Jo C. replied 1 year ago.
Ok.There is an ongoing duty to review so it should be done at all stages. However, it will not be done at all. You will be prosecuted. This is a historical sexual offence. They have long since been disapplying the evidential test for these offences. That is the real reason the conviction rate is low. It is nothing to do with outdated sexist attitudes. It is what happens when you prosecute innocent people upon false allegations.A silk is a QC.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Hi JoThank you for your answear. I have allready instructed my solicitor to plead guilty to the first charge.
In regards ***** ***** charge I have hired a QC experienced in these types of cases although I have been advised I don't need a QC and only a barrister will be sufficient as my case seems pretty straight forward but I want this QC to leave no stones unturned and I want him to ask the appropriate questions. I then asked her which solicitor she has worked with and she told me who and I have hired him.
My final question is can they use my previous conviction of drug into consideration.
The QC did inform me it is likely to go to trail and if they are likely to drop it would be prior to trail.Gary
Customer: replied 1 year ago.
I mean on the day of trail however she is a silk since 2010
Customer: replied 1 year ago.
Also are silks better then a barrister??
Expert:  Jo C. replied 1 year ago.
It depends.
Not all silks were appointed for their talent.
As a rule they are more experienced.
Customer: replied 1 year ago.
So it's better to go for a silk who is highly experienced then a barrister. Although the cost of hiring one is a lot.
I just want the truth to come out and hopefully it will.
Finally are juries biased in anyway and do they assume just because a person has been charged he is guilty?
Expert:  Jo C. replied 1 year ago.
Not necessarily. Some juniors are fantastic. It depends on the individual.
In terms of juries, there is never any way of knowing. I think probably some jurors are and some are not. They do get lots of directions warning them against presuming guilt. I don't think they do that per se. Sometimes they believe the lies of the complainant and sometimes not.
Generally speaking, innocent people are acquitted though.
Customer: replied 1 year ago.
I forgot to ask you a question if an adult says they only remembering the sexual assult now is that possible? And they remembered nothing when they were teenagers and have only remembered it now.
My question is a trauma such as assult can they ever be forgotten?
Expert:  Jo C. replied 1 year ago.
Yes, it is possible.
Some events are so traumatic that they are blocked out. Memories can be recalled in later life.
Customer: replied 1 year ago.
But then how can they be recalled and can this be used as evidence? If so how can that be so sure it is I who did it ........it could be false memory
Expert:  Jo C. replied 1 year ago.
The process of recall is an expert issue.
False memory is a challenge.
Your question above was whether it could happen and indeed it can.
Customer: replied 1 year ago.
So can the process of recall be used as evidence and if so how accurate is that? can that be challenged. Also can a trauma be forgotten in 3 years??
Expert:  Jo C. replied 1 year ago.
The process of recall is an expert issue. Yes, a trauma could be forgotten immediately.
False memory is a challenge.
Customer: replied 1 year ago.
I just find it surprising that the process of recall can be used by the prosecution as evidence how can it reliable? I am sure it can be challenged
Expert:  Jo C. replied 1 year ago.
As I have said, it is an issue for expert evidence.
Recall has been fairly widely investigated using former servicemen and it is very definitely reliable.
Delighted to continue with this but please rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
How do I rate this? So if I say and I know it never happened and he says it did and the expert evidence supports him then I am in deep problem am I right in saying this?
Customer: replied 1 year ago.
So if I say and I know it never happened and he says it did and the expert evidence supports him then I am in deep problem am I right in saying this?
Customer: replied 1 year ago.
Hello
Expert:  Jo C. replied 1 year ago.
No.
The evidence of the expert will just explain the process of recall. They cannot comment upon whether it is true in this specific case. Their evidence will just cover the fact that recall is possible.
Customer: replied 1 year ago.
so I take it a recall evidence is used in all historical children's cases.
However what you are saying that recall can happen however they are cannot go on to state if abused happened or not
Expert:  Jo C. replied 1 year ago.
No, not necessarily. It depends whether or not it is an issue. Usually it is not. Recall is rare. It arises only when memory is recovered which is not generally the case.
Customer: replied 1 year ago.
Excellent you have finally answered all my question here goodnight take care
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 1 year ago.
Hi I need further questions answered. Can the my previous Fraud conviction be used against me?Gary
Expert:  Jo C. replied 1 year ago.
They could make a bad character application but I'm not sure how fraud would support the contested allegation here.
Customer: replied 1 year ago.
Hi JoTo be honest the Fraud allegation is what it has led up to these allegations being ie my ex gay partner and his 3 boys have made these allegations as they lost all the property that I had gifted to them in the confiscation so its a tricky situation.Also when the Judge is summarizing can he be biased in regards ***** ***** fraud conviction ie basically all people with Fraud cannot be trusted.Gary
Expert:  Jo C. replied 1 year ago.
Oh yes, he can. Judges are biased on the whole.He can't introduce it as bad character just because he doesn't like you.
Customer: replied 1 year ago.
So that means if he is biased he can direct a decision against me and more favourable towards them and the likely hood of that happening are far more greater as I am against 3 young boys.Gary
Expert:  Jo C. replied 1 year ago.
Yes, he can sum up in a way that benefits the prosecution or the defence. That is what judges do all the time.
Sometimes it sways the jury and quite often it back fires on them.
Customer: replied 1 year ago.
But it all depends on the evidence and the lies I take it
Customer: replied 1 year ago.
Hi Jo,Can the 3 boys claim compensation for historical sexual offences? Also can the father of the child claim for sexual assaultGary
Expert:  Jo C. replied 1 year ago.
Yes, they could. That will be the whole point for them
Customer: replied 1 year ago.
Hi Jo,Do you think they have already started doing this? Also do you this the boys aged 20 18 and 16 would be aware they can get compensation? I know this is a financial matter as they lost the house I gifted to my ex lover ie their father and he is extremely bitter and so are the children
Expert:  Jo C. replied 1 year ago.
I think it is quite likely that they do. Half the country have heard the ringing of the tills.
I would imagine they have been encouraged to do this by an adult close to them though. It isn't really something that teenagers come up with unless they have lived in a house where the police are always being called.
Customer: replied 1 year ago.
Yes they have been influenced by my Ex BF ....Who has lost the house I gifted till then the boys were happy with me I have correspondence from saying I was really good to them and they would like to spend more time with me as there father was always working and how much I have helped them do you think I can use these?
Expert:  Jo C. replied 1 year ago.
Oh yes, absolutely.
They will have some nonsense prepared about only saying that to keep the family going that they will have read on the internet. Usually though it is possible to breakdown a professional victim who has prepared answers from information on the internet.
Customer: replied 1 year ago.
Yes an experienced council can break them down because one lie leads to another etc.....I have chosen a council and she has recommended me to go for a particular higher court advocate she has worked with As she finds him very through with his work.However I have seen Stuart Sutton from tickets who is a solicitor who only does sexual offences and he has lost only 4 of his cases from November 2000 but these sexual offences are current as well as historicalI just want a through defence..... Who do you think I should go for????
Expert:  Jo C. replied 1 year ago.
I don't practice in that area of the country.I would suggest whoever your counsel has recommended.

Related Law Questions