Alex Watts : Hello Sean my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why they have not made a decision as yet?
Well I was informed that the CPS have asked the police to make further enquiries and they are still in the process of making a decision.
I have been advised by another solicitor they can review the case and ask the police why it is taking them such a long time.
If I knew why they have not made a decision I would not be asking you
Alex Watts : Indeed. What you should do is get your solicitor to write and complain. The solicitor can judicially review the police as to their decision to keep re bailing you.
Alex Watts : There is a particular protocol that needs to be follow which is started by sending a pre action letter as to the decision and why they think it is wrong.
Alex Watts : If the police / CPS fail to respond or it is inadequate you can judicially review the decision about your case.
Alex Watts : This means the decision would be examined by a judge of the high court. A judge can either agree with the decision or remit it and, for further comment consideration.
Alex Watts : So whilst the police are free to re bail you, that decision can certainly be challenged in the high court.
Alex Watts : Speak to your solicitor about this - they should kmow the detail of what to do.
Alex Watts : But details of the rules and procedure can be found here
Alex Watts : http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : Hi
Alex Watts : please note I am on the train so may be on and offline
I have spoken to my solicitor and they have informed me that as it is only 9 months plus this does tend to happen and the reason why it is such a long bail date could be that in the next bail date a decision will be forthcoming. She has stated that by pushing them quickly they could make a quick decision to charge me so it would be in my best interest to leave it at this stage.
Alex Watts : Indeed. It's a double edged sword. You don't want them to rush to charge you and make a decision
Alex Watts : but on the other hand you do want them to make a decision
Alex Watts : You may be better off waiting a short amount of time and then firing a letter off for judicial review
Also does that mean by them taking this length of time they will charghe me?
Alex Watts : I think if it gets beyond a year that is certainly time to complain
Alex Watts : not necessarily, they may still be conducting their investigations
Alex Watts : It does not support charge one way or another
Alex Watts : but it may be if they conclude they don't charge, which helps yoi
Alex Watts : you
Alex Watts : Does that assist with matters?
I do not want them to make a quick decision although at times only it plays on my mind
Alex Watts : i realise it is not very nice having this hanging over you.
Alex Watts : indeed it does
Alex Watts : But you don't want to force them into a position and they just chagre.
I had a fraud issue that was dropped after 18 months on Bail with NFA
Alex Watts : But at the same time you need certainty.
Alex Watts : I would allow it a few more months then put pressure on
Alex Watts : Does that help?
Yes it helps.........It is a historic rape issue with my ex wife
in 2006 she states it happened
Alex Watts : Indeed. Can I help with anything else today?
and thereafter our third child was born if there are contradictions does that help?
Alex Watts : It certainly weakens the allegation
Alex Watts : Does that help?
So say for example she stated to the midwife which is on record and at children's school report I was the best husband and dad in the world and assisted her with everything in 2008 then in 2010 we divorced and now she is stating that I raped her in 2006.
Also when my daughter ran away from home in 2009 and police were called in she was informed if I was ever violent towards the kids or to her and she said never. Yes I was strict with them in regards ***** ***** out and and sometimes verbally telling them off.
But never physical towards them.
or to her