If someone is arrested for a crime and the CPS will not take the case to court

[donna74]

Hello all Hello all If someone is arrested for a crime and the CPS will not take the case to court Because the child is to young to take the stand he is 8 can you appeal the decision? Child was interviewed via video and is very cleaver child and understands all that's going on

[Barmaid]

You could try writing to the CPS however, they will have considered carefully whether they have "reasonable prospects of success" - if the only evidence is that of the 8 year old and the defendant has given an account in interview the chances of success are low. They will have viewed the video and made an assessment based on that. I doubt writing to them to reconsider would help.

[uno.who]

No you can't appeal this process.

Children under 10 are regarded as being "doli incapax" and incapable of forming criminal intent.

This can be a real problem for victims of thes "unintentional" crimals - there were 1,825 crimes committed by under-tens in 2007-08, according to figures obtained under the Freedom of Information Act.

[barry1010]

Is the child the victim or the alleged criminal?

[uno.who]

I may, of course, have misunderstood your question ... Is the ACCUSED 8 years of age or is this a witness you are referring to? If it's the latter then Barmaid's response hits it on the nail.

[Barmaid]

uno.who I read it as the victim being 8, but now I think YOU could be right!!

[Schutzengel]

I thought it referred to the child as a witness, possibly but not necesarily a victim.

[barry1010]

If the 8 year old is the alleged criminal, the matter would never have got as far as the CPS.

[donna74]

sorry the child is the victim and anyone got any ideas how to tell him that nothing is going to happen even thought the child went though 3 hours of question ?

[pink-kittens]

Oh Donna, that is such a shame
We try and teach our children to behave and be respectful of the law and all that that entails and then the one thing we are supposed to be able to rely on, the British Justice System, lets us down

I don't have any answer for you I'm afraid, but keep it simple and try not to let him see how angry you must feel because he will feel it is himself who is to blame for it not going further if you do

Best of luck

[uno.who]

Barry - In Scotland it would have, if the crime was serious enough! It's being changed from 8 to 12 but that has not yet occurred.

Donna - I'd suggest writing to your MP. It may not work, but a bit of political pressure can sometimes make all the difference (even in cases where they really shouldn't be interfering!).

I can fully understand your frustration but CPS will consider whether or not they have a reasonable chance of success and won't want to put your child through even more trauma.

[gentleman]

The problem here is 'a crime' you state. Is it a crime in your judgment or the Arresting Police report? Has it been certified the 'done deed' is a crime by the Authorities concern?

A lot has to be answered to be dealt with by the CPS to bring the proceeding to Court. Who has committed the offense and how old is the person? There is no reason for a child of eight witnessing a crime not to be called to court to give evidence.

However, it depends on the seriousness of the crime for the CPS to go to the Court of Law. Silly it seems the Authorities do not want to waste time or money bringing trivialities to Court and yet there are thousands wasted for stupid incidents that Co Co the Clown would love to use it as materials for his Circus acts.

[donna74]

he was not a wittness

it was child abuse against him .....

and the CPS are saying her is to young to take the stand even tho his friend who is 7 saw the man in question do it?