No Contact By Police

[Lost321]

It's less than a week to go to answer my bail and neither me or my solicitor has heard anything back from Police as yet.

I have been advised by my solicitor that he would try to contact OIC a day before bail date to obtain update on investigation if there is any!

However, I've been desperately waiting/hoping for a NFA letter but seems like it's not on cards, at least for now.

I am just wondering if anyone knows that roughly how long before answering a bail date, one should receive a NFA letter if NFA has already been decided?

I have seen quite a few cases online where people get no letter/communication at all from Police and get to know NFA only upon answering the bail.

[Orderlimit]

Hey Lost, just ring the OIC yourself and ask if a decision has been made.

[Lost321]

Thanks for reply Orderlimit.

Well, as solicitor advised that he would cal OIC a day before return date so I am a bit concerned of giving wrong impression by calling him personally now and then again by my solicitor and that was the main reason behind asking the question"approximate (latest) time that one should receive a NFA letter before bail date ".

[Orderlimit]

The timings for communicating a NFA disposal only depends on when the police have been given that decision (From CPS) and then they will let you know asap, by letter, phone-call or a personal visit. However, as I have previously suggested, do prepare for what could be a long wait on bail due to the type investigation. you wil just have to wait Im afraid Lost.

[Lost321]

So, you meant that NFA can only be decided by CPS? I meant Police cannot decide by itself if it's NFA or not and file must be submitted to CPS to obtain charging/not to charge decision?

Thanks

[Orderlimit]

In most cases the OIC will complete the investigation and then have a face to face consultation with a CPS rep at the police station, known as a 'CPS Gatekeeper'. The Gatekeeper decides how to proceed, whether it be a charge, caution, NFA or further inquiries to be completed. There are some situations that do not require a Gatekeeper decision but are rare nowadays.

For your info, a charge can only be authorised if there is sufficient evidence for a prosecution to likely succeed in a conviction and that it is in the publics interest to prosecute. A caution requires the accused to admit the offence in full.

[Lost321]

Thanks Orderlimit.

One more point to clarify, would you know if by making a call to custody only will be enough to get update on investigation or does it need to be OIC to be contacted in order to obtain update?

Thanks

[Orderlimit]

It is the OIC's responsibility and has knowledge of whats happening. Custody would only tell you to contact the OIC as it is not their remit to discuss individual cases. Give the OIC a call say 4 days before bail.

[Lost321]

Couldn't get hold of OIC but spoke to custody officer and I am due to answer the bail which means it's not a NFA at least for now:(

[Lost321]

PS. I am meant to answer the bail in couple of days! :(

[Orderlimit]

Stay positive Lost, if the case against you was evident that you were engaged in criminal fraud then you would have been charged after your arrest / interview.. The cops should have progressed inquiries by now and may want to re-interview you again to present fresh evidence to you or to simply clear any ambiguity from your previous interview. NFA could still be on the cards. (Don't be conned into a Caution without speaking to a solicitor who has full knowledge of the case).

[Lost321]

Thanks for all your input during the very stressful time, I have received bail cancellation notice:)

Thanks again for your positive comments, it helped me a lot.

[Orderlimit]

Hey, Lost, just confirm, have you been informed NFA on this matter?

[Lost321]

Yes, I have spoken to custody Sergeant and been advised that it's a NFA hence why bail cancellation letter.

Letter stated the reason "insufficient evidence to proceed"

It seems like file has come back from CPS with decision to not to proceed?

[Orderlimit]

Good news Lost, have a bottle of Chilean red.