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CPS review of evidence
Hi
I was falsely accused and charged (s39) with attacking my husband. He assaulted me, called the police and cut himself and alledged I did it.
Since the charge new info has come to light with him sending me texts admitting he has done this to hurt me and he had lied.
This new evidence has been sent to CPS by my solicitor a week ago. My solicitor states this backs up my statement that he did it himself.
Does anyone know how long it takes to review?
Also I reported the assault against me but the police appear to be ignoring it, even though I have medical evidence to prove it from my GP (requested medical attention in custody but never received it). Don't the police have a duty to investigate my allegation?
Never had any dealings with criminal justice before but have no faith in them after the way I have been treated. Rang the police yesterday and waiting for case officer to get back to me regards my allegation.
can't go back to my home because of this
Thanks
Janine
I was falsely accused and charged (s39) with attacking my husband. He assaulted me, called the police and cut himself and alledged I did it.
Since the charge new info has come to light with him sending me texts admitting he has done this to hurt me and he had lied.
This new evidence has been sent to CPS by my solicitor a week ago. My solicitor states this backs up my statement that he did it himself.
Does anyone know how long it takes to review?
Also I reported the assault against me but the police appear to be ignoring it, even though I have medical evidence to prove it from my GP (requested medical attention in custody but never received it). Don't the police have a duty to investigate my allegation?
Never had any dealings with criminal justice before but have no faith in them after the way I have been treated. Rang the police yesterday and waiting for case officer to get back to me regards my allegation.
can't go back to my home because of this
Thanks
Janine
Answers
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Hi Janine
Summary reply:
The medical evidence from your GP is not true corroboration that your husband assaulted you.
The problem with text message evidence is proving who the author of the messages were. Do you know how your solicitor has recorded the information of the text messages that was submitted to the police?.
Summary reply:
The medical evidence from your GP is not true corroboration that your husband assaulted you.
The problem with text message evidence is proving who the author of the messages were. Do you know how your solicitor has recorded the information of the text messages that was submitted to the police?.
if you're husband claims you assaulted him they have to look into it, unfortunately they can't take your complaint on until they have dealt with this one, so the day the case is closed make them pursue the complaint you made, they call it "counter-complainting."
i have been dealt from the same pack of cards and are now complaining to high hell with them as this dates back to 2008, they even took property off me and was released on court bail the following day pending trial, which was set for 3 and 1/2 months later only for the day the before it went to court the case was dropped as evidence pointed towards the person who pointed the finger at me (if only they'd got the evidence before acting), the person who pointed the finger got away lightly as 2 people can't be charged on trial for the same crime (unless they did it together) and yet this person works in a school, cps are slow at the best of time, just let your solicitor deal with it as if he has sent them messages he will be caught out. also find out if he is allowed to have any contact with you??
as for the medical attention you requested in custody put in a formal complaint to "professional standards department" as this is against their "duty of care" they have towards you, don't let them fob you off its took me 2 and a bit years to get them to admit they left me without food & drink for almost 20 hours and are still pursuing a reason. you can complain about the cops at anytime but maybe not your husband until the case has been dealt with.
i have been dealt from the same pack of cards and are now complaining to high hell with them as this dates back to 2008, they even took property off me and was released on court bail the following day pending trial, which was set for 3 and 1/2 months later only for the day the before it went to court the case was dropped as evidence pointed towards the person who pointed the finger at me (if only they'd got the evidence before acting), the person who pointed the finger got away lightly as 2 people can't be charged on trial for the same crime (unless they did it together) and yet this person works in a school, cps are slow at the best of time, just let your solicitor deal with it as if he has sent them messages he will be caught out. also find out if he is allowed to have any contact with you??
as for the medical attention you requested in custody put in a formal complaint to "professional standards department" as this is against their "duty of care" they have towards you, don't let them fob you off its took me 2 and a bit years to get them to admit they left me without food & drink for almost 20 hours and are still pursuing a reason. you can complain about the cops at anytime but maybe not your husband until the case has been dealt with.
Hiya
Thanks for the replies.
I have got a copy of my phone bill which also shows the date and time of text sent by me to him in answer to his confession. The text also show his name and number on the top as it's an Iphone.
The texts have been printed out and sent to the CPS. We have asked for his phone records. It's so wrong as it seems he is ok to contact me when he wants and nothing gets done. The thing is when he orignally cut himself the police said he had 2 scratches and when they went back to the house to interview him they suddenly doubled to 4! Is that not showing hes done this himself as I had been taken to the police station by then. He withdraw his statement as he wanted me to stay with him and still take the blame for his lie. When i refused he turned up at the trial and told them I had intimidated him! That's when he produced 2 messages with me saying I only want him to tell the truth. He didn't show them the other messages where he admites he's lying.
This is a nightmare and so wrong. It's destroying me. I am trying so hard to not lose the plot. My job is so stressful and i'm training as a counsellor and need my CRB check. How can one person lie and do this?
When this is over I am putting in a huge complaint to the police for the way they have handled this. I will never believe in the justice system again and now I can understand why people talk badly of them.
Thanks
Thanks for the replies.
I have got a copy of my phone bill which also shows the date and time of text sent by me to him in answer to his confession. The text also show his name and number on the top as it's an Iphone.
The texts have been printed out and sent to the CPS. We have asked for his phone records. It's so wrong as it seems he is ok to contact me when he wants and nothing gets done. The thing is when he orignally cut himself the police said he had 2 scratches and when they went back to the house to interview him they suddenly doubled to 4! Is that not showing hes done this himself as I had been taken to the police station by then. He withdraw his statement as he wanted me to stay with him and still take the blame for his lie. When i refused he turned up at the trial and told them I had intimidated him! That's when he produced 2 messages with me saying I only want him to tell the truth. He didn't show them the other messages where he admites he's lying.
This is a nightmare and so wrong. It's destroying me. I am trying so hard to not lose the plot. My job is so stressful and i'm training as a counsellor and need my CRB check. How can one person lie and do this?
When this is over I am putting in a huge complaint to the police for the way they have handled this. I will never believe in the justice system again and now I can understand why people talk badly of them.
Thanks
Hi Janine
Ahh ok. Since left-wing type idiots have come employed as police officers, the standard of basic investigation has dropped so much it has become embarrassing.
If everything you have said is correct, and i have no reason to not believe yo, then you have a good case at trial and complaint against police policy etc. I w
Ahh ok. Since left-wing type idiots have come employed as police officers, the standard of basic investigation has dropped so much it has become embarrassing.
If everything you have said is correct, and i have no reason to not believe yo, then you have a good case at trial and complaint against police policy etc. I w
Thank you so much for your help. My solicitor says we have a good case but when I sit here and have mad thoughts and panic I keep thinking what if? Really I wish the truth would come out and he would be found to be lying. I understand that the police have to investigate but I don't believe they have. Maybe their targets are more important that finding the truth?
Do you think it would get dropped before the trial due to the text messages? Surely they must see that he isn't a credible witness. It's another 7 weeks yet and I am so desperate to get my life back.
He even admitted in the messages that he was scared of going to prison because lying is a serious offence. Sorry to keep going on. Never had experience of this before.
Thanks
Do you think it would get dropped before the trial due to the text messages? Surely they must see that he isn't a credible witness. It's another 7 weeks yet and I am so desperate to get my life back.
He even admitted in the messages that he was scared of going to prison because lying is a serious offence. Sorry to keep going on. Never had experience of this before.
Thanks
belle, if they will drop it due to lack of evidence or due to the text messages they will leave you on bail on the hope you commit a further offence. they did this with me after 3 and half months and dropped the case the day before the trial. my solicitor said its usual practice to leave it till the last day on the hope you slip up but if you've done nothing wrong then you're not going to slip up.
you don't have to wait for the trial to be over before you put your complaint in, you can complain whenener you feel, also there is a time limit of 12 months in getting you're complaint in so bear that in mind.
you don't have to wait for the trial to be over before you put your complaint in, you can complain whenener you feel, also there is a time limit of 12 months in getting you're complaint in so bear that in mind.
Hi Janine and sorry for the delay.
Its good news that the case has been adjourned to make inquiries into the new evidence regarding the text messaging and the heat will be on for your husband. Have the courts asked for your mobile phone to be seized for telecom forensic examination or your husbands phone?. The information can take several weeks to be formally evidenced by an expert witness if required so im afraid its a waiting game.
On the information you have provided the case is tilting in favour of your defence so try not to worry (i know thats easy for me to say). Also, just because you were charged with the offence of assault it does not mean you are considered guilty and its the job of the court to decide having heard all the admissible facts. The police have to take positive action with domestic related offences the charging the accused is the usually the rule.
If your husband does get caught out then he should be charged with perverting the course of justice, which is a serious offence or if he has lied in court under oath then there is the more serious offence of perjury.
Its good news that the case has been adjourned to make inquiries into the new evidence regarding the text messaging and the heat will be on for your husband. Have the courts asked for your mobile phone to be seized for telecom forensic examination or your husbands phone?. The information can take several weeks to be formally evidenced by an expert witness if required so im afraid its a waiting game.
On the information you have provided the case is tilting in favour of your defence so try not to worry (i know thats easy for me to say). Also, just because you were charged with the offence of assault it does not mean you are considered guilty and its the job of the court to decide having heard all the admissible facts. The police have to take positive action with domestic related offences the charging the accused is the usually the rule.
If your husband does get caught out then he should be charged with perverting the course of justice, which is a serious offence or if he has lied in court under oath then there is the more serious offence of perjury.
Cont-
Did you hear back from the police regarding your counter-allegation?. Please note that the police policy for when they will or wont take counter-allegations varies, but your solicitor should be able to advise you.
On the facts you have stated i do not consider the forensic examination of the light bulb would be of any value in this case (although i obviously have not seen the case file). The discrepency of your husbands injuries is also of interest.
Anyway keep us up dated and any questions please ask.
Did you hear back from the police regarding your counter-allegation?. Please note that the police policy for when they will or wont take counter-allegations varies, but your solicitor should be able to advise you.
On the facts you have stated i do not consider the forensic examination of the light bulb would be of any value in this case (although i obviously have not seen the case file). The discrepency of your husbands injuries is also of interest.
Anyway keep us up dated and any questions please ask.
Janine, it's imperative that you listen to your solicitor and no-one else when it comes to this case. He/she can address all the points you raise. I've no doubt that if the facts are as you state them, you'll be exonerated and your husband and the police will have to face the music.
Advice given here, no matter how well-intentioned, is no substitute for your lawyer's. You also shouldn't be giving too much away in public because it may prejudice not only your own case but also any other action that may follow.
The only thing I will say, having been through the legal mill myself, is don't expect anything to be quick. The wheels grind exceedingly slow.
Good luck!
Advice given here, no matter how well-intentioned, is no substitute for your lawyer's. You also shouldn't be giving too much away in public because it may prejudice not only your own case but also any other action that may follow.
The only thing I will say, having been through the legal mill myself, is don't expect anything to be quick. The wheels grind exceedingly slow.
Good luck!
Hiya
sorry for not replying. So demented with all this I'm losing the plot.
Been informed that a counter allegation should have been taken at interview stage but due to inexperience of officer it wasn't taken.
My phone has not been requested which is odd but we have requested his be checked.
Arranged to go back to my house last week with police escort. It was a shambles. After reading these posts I wonder if they were trying to set me up so they maybe could get some evidence to use against me. I arranged with police to go back. Arranged a time that was agreed. The office rang me and asked if I had let my husband know. I told him I hadn't as I was on bail and that included no contact. Officer told me to break my bail!! Officer rang my husband who said he was at work (6pm!) and he would be back at 8.30 pm for me to attend. I told the officer I was not attending at 8.30pm as I joint own the house and do not need my husband to be there. I only wanted to get some clothes. Anyway neighbour informed me husband was in, just another way for him to try and control me.
eventually got back to the property. Husband changed the locks! Illegal eviction but police not wanting to know. He opened the door and had packed my belongings up. I told the police officer my belongings were going back into my wardrobe were they belonged. Policeman was extremely rude and judgemental considering he was there to prevent breach of peace.
Had 15 mins to grab what I could and when I left I noticed husband had cut some of my clothes. Rang police and reported this. They said they would inform CPS. Heard nothing since.
Submitted a complaint about police officer and they are looking into this.
Was worried about submitting complaint about arrest before end of case but now I will put this complaint in.
Can't understand why I have been treated so terrible when I have done everything that I am supposed to do. Not breached bail or anything.
This
sorry for not replying. So demented with all this I'm losing the plot.
Been informed that a counter allegation should have been taken at interview stage but due to inexperience of officer it wasn't taken.
My phone has not been requested which is odd but we have requested his be checked.
Arranged to go back to my house last week with police escort. It was a shambles. After reading these posts I wonder if they were trying to set me up so they maybe could get some evidence to use against me. I arranged with police to go back. Arranged a time that was agreed. The office rang me and asked if I had let my husband know. I told him I hadn't as I was on bail and that included no contact. Officer told me to break my bail!! Officer rang my husband who said he was at work (6pm!) and he would be back at 8.30 pm for me to attend. I told the officer I was not attending at 8.30pm as I joint own the house and do not need my husband to be there. I only wanted to get some clothes. Anyway neighbour informed me husband was in, just another way for him to try and control me.
eventually got back to the property. Husband changed the locks! Illegal eviction but police not wanting to know. He opened the door and had packed my belongings up. I told the police officer my belongings were going back into my wardrobe were they belonged. Policeman was extremely rude and judgemental considering he was there to prevent breach of peace.
Had 15 mins to grab what I could and when I left I noticed husband had cut some of my clothes. Rang police and reported this. They said they would inform CPS. Heard nothing since.
Submitted a complaint about police officer and they are looking into this.
Was worried about submitting complaint about arrest before end of case but now I will put this complaint in.
Can't understand why I have been treated so terrible when I have done everything that I am supposed to do. Not breached bail or anything.
This
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