Suing the Police and CPS

[ChrissySpeirs]

I was wrongly accused by the Police for an offence which they had no evidence and the CPS obviously approved it to go ahead. I have been through hell and back now for almost 3 years. It went to trlal in April and lasted almost 4 weeks, and I was found not guilty. The jury must have already made their mind up before they went out, as they were back in no time with the verdict.
I lost my job over it, and could not get another one because I had this charge pending. I had to get rid of my car which I need where I live, because I could not afford to keep it on the road. Not to mention my state of mind, and loss of confidence now.
The detective lied and did not disclose evidence that would have put me 2 1/2 miles away.
He told me he had my phone signal close by when in court he could not provide evidence of this.

[New Judge]

You have not actually posed a question but I assume from the heading “Suing the police and the CPS” that you are considering taking action against those organisations for being wrongfully charged and subsequently acquitted.

Generally the police and CPS are immune from such actions unless there have been malicious intentions or an abuse of the process. Clearly they could not function if they were to be hauled into court every time a defendant was cleared. This earlier question may help:

http://www.theanswerb.../Question1007746.html

You would be well advised to take comprehensive legal advice before embarking on such action as there are few grounds on which you are likely to succeed.

[New Judge]

And just to add that you would not have to prove your case "beyond resonable doubt". That high burden is placed on the prosecution when seeking criminal convictions. You would have to show that what you suggest happened is possible "on the balance of probabilities" (i.e. more likely to be true than not) and this is a much lower burden of proof.

[buildersmate]

Hmm. Rather a big assertion to be making, is that. And the term is either (one of) 'unfair dismissal' or of 'wrongful dismissal', depending on the nature of how one is proceeding with such a claim - not unlawful (sic) dismissal.

[China Doll]

Would that not depend on the charge Eddie? Not being contentious, just curious... I'm thinking in terms of my own work as I believe that someone working with or in close contact with children who is being investigate for a crime against a child would be automatically suspended pending the outcome? (I'd have to double check to be 100% on that as that could possibly depend on the seriousness of the charge too). Certainly I think they would be unlkely to be able to carry on their normal role.

[Twenty20]

As has been said, there's no doubt more to this than the OP has said.

If the police fabricated whatever the offence was, they would have to convince the CPS before this went to Court. Obviously the CPS thought there was a reasonable chance of success with the prosecution for them to proceed. And then a trial which lasted 4 weeks?

Like others have said, I'd say the dismissal at work would depend on what the charge was. You can be dismissed for simply bringing the name of your company into disrespect.

Not really worth speculating on this as we don't know the full facts.

To the OP, if you think you have a case then go and speak to a solicitor. I presume you had legal advice for your 4 week trial, and prior to that, what did they advise?

[China Doll]

Thanks Eddie, just wondering :c)