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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78689
Experience:  Over 5 years in practice
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My friend is currently going through a case in the crown

Customer Question

Hello, my friend is currently going through a case in the crown court that has not been prosecuted due to a hung jury. Despite this - she has the right to a retrial as the judge ruled the defendant prosecutor treated the witness (her) unfairly. I think the defendants barrister is very good and due to the sensitive nature of this crime (he is clinically at the capacity of someone much younger) it is difficult to prove a mens rea. He has been stalking her for a year (leading up to an attack last year) and this behaviour is repeated (he is not allowed on the university campus because of it and has done it to other people). He once threatened to hurt her housemate to make her speak to him and is a much larger man and uses that as a tactic of intimidation. He carries around a notebook where he writes down things such as peoples friendships and who knows who in order to coerce people into speaking to him initially. He has asked her to be his girlfriend - and when she said no he went and told other students that she "called him a big ugly black man". My question is how is he able to say such things and know of the consequences of that if he is unable to understand the consequences of violence? We have correspondence between her and him and separate instances (including the trial where he claimed that he did not attack her- that she kicked him) where he has lied to manipulate the situation and where he has used his situation as a means to avoid any type of prosecution. They discovered a number of cases linked to the same man as he goes under different names. My question really is what I can do to help her? Does this seem right? Should she be seeking different legal counsel?
JA: Have stalking charges been filed? If so, when is the next court date?
Customer: I believe stalking files have been charged as a condition of his bail was not to go into the postcode area in which she lives without parental supervision. However, he has done so and when she phoned up to report it the police said that wasn't on file as a condition of his bail, after then emailing back and forth (she has these emails and would be able to print them out) with her showing their initial confirmation of the conditions she said they were later re-added before the court proceedings (which took place last week). She has emotionally suffered quite a lot due to the nature of the case and the expected harshness of the prosecutor so wants to know whether it is worth pursuing again. I believe they told her that she can either do it again or try him in civil courts? Though I'm not sure what that means as I'm not a lawyer
JA: Have they talked to a lawyer about this yet?
Customer: They're talking to a charity which is dealing with the majority of it and the correspondence for them but I am willing to get her a better lawyer if you think that will be helpful/ she has a chance
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 15 days ago.
Category: Law
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jo C. replied 14 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 14 days ago.

Thanksfor the information

I'm sorry for the delay.

I'm not sure that I do understand yourquestion. Firstly, she does not have a right to a retrial. Nobody has a rightto a re trial in the UK. That is a decision for CPS alone consequent upon hungjury.

Obviously I won't know why the defendant isable to say certain things and not know of the consequences. I can'timmediately see the relevance of that anyway to a criminal trial. I suppose theissue is that it is easy enough to prove that he has done these things but noteasy to prove that he had guilty mind. Although a hung jury doesn't necessarilysuggest that. It might just be that they didn't believe her.

I'm not sure what you want to do to help her. Ifshe is prosecution witness then she cannot seek different counsel. This is nother case. It is important that people understand that. Complainants are no morethan witnesses. The prosecution barrister is a representative of the Crown withquite a different duty to that of the defence. It doesn't matter whether she isdispleased or not with his services.

Oh she really needs to do is concentrate upontelling the truth. that is all accusers ever need to do. None of the procedureof a prosecution is stressful if one concentrates on telling the truth anddoing no more than that.

If you are saying that she has tried to reporta breach of bail and the police have no record of that being a condition of hisbail then obviously there cannot be proceedings for that. It is quite unlikelythat he is debarred from a post code area because that is too wide. That isn'ta common bail condition in the UK.

Can I clarify anything for you?

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Expert:  Jo C. replied 13 days ago.

Just like with an appointment in real life, or a job interview, a follow up is good practice: "Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!” Or if the customer is already satisfied: “I am glad I was able to help. Have a great day.