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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 75103
Experience:  Over 5 years in practice.
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I came home from work to find my whole front garden which

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I came home from work to find my whole front garden which was full of plants and bushes had been vandalised. Only 2 rose bushes were left and the ground plants had been strimmed flat . The branches had been taken away but debris had been left and it is a bare mass. It happened over 3 days while I was away at work.(stay overnight while on a job). It was the people from next door and police have been informed but will not do anything as there is no video evidence. The garden was a wild life area ( a bit untidy) but was full of bee/birds friendly plants grown over years - a typical English country garden. The bushes had been given by neighbours in memory of my mother which reminded them as they passed by and also me of them. I am still in shock at the vindictiveness of the attack on my property and the arrogance of people who have no respect for the law of trespass and criminal damage. Can I do anything more. I have no witnesses except for one neighbour saying he saw men in garden who he thought I had authorised. he could not even state the day. Is there anything I can do? ie take to court, private prosecution and how much willit cost. I cannot replace the plants or the garden of find other plants but I DO NOT WANT TO SEE ANYONE UNPUNISHED FOR THIS. I feel this is an intimidation process as they wants ot but the house I have lived in since 1952

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

What would you like to know about this please?

Customer: replied 14 days ago.
what more can I do? can I take it further

Thanks for the information and the time.

 

You do have the option to take out a private prosecution. It is not advisable.

 

Private prosecutions are very expensive and ultimately you have the same burden of proof and disclosure duties as the Crown.

 

You have to prove the case to a high standard. You have the burden of proof and the standard is to satisfy the court so that they are sure which is hard to do especially when the authorities have taken a view that it cannot be done.

 

Also, you have to appoint a disclosure officer at your cost.

 

Further, you run the risk that CPS will take over the prosecution and drop it.

 

Private prosecutions can be a good idea in circumstances where the authorities are failing on a wholesale scale; for instance women making false allegations of rape. Men can almost never get justice in those circumstances from the public authorities. Save for that type of circumstance though, it is a very dangerous action to bring.

 

Hope this helps. Please let me know if you need more information.

 

Jo

Customer: replied 14 days ago.
thank you

 

No problem and all the best.

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