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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49787
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My friend is due to give evidence against her ex next week

Customer Question

My friend is due to give evidence against her ex next week in a section 2 harassment case. Most of this was via text messages, upto 100 per day over months. There was also emails from him stating he wanted to see her children (not his)
She received a phone call from he liaison yesterday to say that the text messages are not being taken into account?! How can this be when most of his bi-polar type personality was in the messages? Apparently he has also not made a statement.
She is concerned that they will not take into account the full extent of his behavior.
Why would they choose not to see the messages other than laziness of reading them?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has she been responding to them?
Customer: replied 2 years ago.
The contact stopped 3 months ago when he was arrested, when she was receiving them she did respond to say "leave me and my children alone" he admits he has mental issues but was trying to pursue some sort of contact with the children. Even contacting their school to ask them for a statement to say he was a good influence in their lives.
The message to her flew between "I love you" & I hate you. Some of them were genuinely quite scary.
She was initially responding to try and keep him calm and to get him to leave her alone by appealing to his better nature.
He then stared leaving presents and letters on her sisters door step. And tried to get a court order to see her children.
In the early stages she attended a relate meeting with him as he wanted her to understand his "illness" during this meeting he also stated that he could not trust himself around her.
Expert:  Jo C. replied 2 years ago.
Yes, but when he was sending texts was she responding?
Customer: replied 2 years ago.
A few times, but only along the line of "leave me alone" etc.
Customer: replied 2 years ago.
A few times, obviously not to all 2000 messages
Expert:  Jo C. replied 2 years ago.
Was she contacting him in any other way?
Customer: replied 2 years ago.
No, email and messages only
Expert:  Jo C. replied 2 years ago.
Was she responding by email? How many times roughly?
Was it encouraging further contact or abuse?
Customer: replied 2 years ago.
Not encouraging, just asking to be left alone. Maybe 10-15 times out of hundreds of messages and emails from him
Expert:  Jo C. replied 2 years ago.
It is quite difficult to tell what their reasons would be here. It won't be anything to do with laziness. All that is being prosecuted at the moment are domestics.
For a S2 harassment normally one would rely on a large amount of contact.
Reasons for not doing so are usually ones that go to crediblity - for instance there has been two way contact or abuse or something similar.
Another reason may be that there is much worse conduct complained of but then I would have expected a S4 charge.
The only other issue I can think of is that CPS accept they were in furtherance of child contact. I realise they are not his children but that is a matter for the family court and generally speaking, slowly but surely, CPS are changing their view of harassments. I'm afraid there are some ladies who do make allegations of harassment to head off contact applications and CPS are increasingly taking the view that the law should not be used in that way. That said, here the contact seems to be about other things as well.
The only issue is the principle of summarising to save court time. In fairness, the Crown don't really need to introduce thousands of messages and put them to the defendant when they all basically amount to the same type of thing.
I don't know if it assists for the future but it is possible to ban numbers from your phone now. Many mobile phones have the technology to block certain numbers which should deal with the problem of adverse contact without the intervention of the law.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thank you. It is defiantly S2 he is charged with.
The messages were the main form of abuse/contact.
Although they were submitted as evidence by the police the court have decided not to use them?
Do they even look at them? Threatening and vile messages were included in these numerous times.
Can we make them re think their option to use them?
Thank you
Expert:  Jo C. replied 2 years ago.
They would have looked at them and they cannot be all that threatening or certainly not of violence or he would be charged under S4.
You cannot force them to use evidence. That a matter for the Crown.
I wouldn't get involved in this though if I were you. Don't expose yourself to risk. Let her sort this out. Never take sides in disputes of this nature. It always ends badly for you.
Customer: replied 2 years ago.
Relist: Answer quality.
Maybe you can get someone more useful/interested?
Expert:  Jo C. replied 2 years ago.
Opting out.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and will try and help as my colleague has decided not to continue with this question. What further assistance do you require please?
Customer: replied 2 years ago.
Thanks Ben,
We are trying to find out why they have decided to not use the messages as evidence as these were the most disturbing for my friend and mostly the reason for her reporting him to the police in the first instance.
The evidence within the email content is still unwelcomingly persistent and of a disturbing nature however the text messages (which they have chosen not to see??) are 100 times worse.
Can we ask for a review of the evidence so does not get away with his crimes? Which quite frankly should be considered a danger to others!
Thank you
Expert:  Ben Jones replied 2 years ago.
I agree with my colleague that you cannot force the court to take these messages into account. There is of course nothing stopping you from requesting that they do use them as evidence but the final decision rests entirely with them. So if they finally decide that these texts will not form part of their case then you cannot force them to change their mind. A likely explanation as to why they may not use them is that they believe she has been responding to these texts with more than just a polite 'please leave me alone'. In these circumstances they may see this exchange as lowering the seriousness of the exchanges and making these texts less of relevant evidence in the circumstances. I understand you may disagree but unfortunately you or the victim are not the ones who decides what evidence is included. She would provide all relevant evidence and then it is in the hands of the police and courts to decide what is relevant and what should be used against the perpetrator. You can make representations as to why you believe something should be included but the final decision rests with them.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you