File Sent To The Cps

[karma2014]

I wonder if someone can help, I was recently accused of 2 counts of rape. This allegation was made my ex girlfriend. I was on police bail for 6 weeks and was recently released without charge with a file sent to the CPS. I am no longer under police bail 2 questions:

1. Why did the police not charge me?
2. How long does the process take regarding the PPS making a final decision?

Thanks in advance

[Orderlimit]

1. It is the CPS who decide whether an accused is charged and what the charges should be, not the police.

2. I'd say 20-60 days is average.

[karma2014]

Hi thank you for ur advice. My ex has cleared our appartment sold the engagment ring and has been out partying since. I cant understand why the police do not see this. I kniw that I am innocent. Can I ask is it a good indication that I have not been charged and that I am no longer on police bail? Surely if they had enough evidence they would have charged?
Thank you in advance

[Orderlimit]

Sorry for the delay. For your info, the CPS/ PPS(NI) usually review cases for decision on whether to charge (or not) after the police investigation has been completed (although there are many exceptions). A two-part test is applied, an evidential test and then a public-interest test. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.

In its most basic format, the evidential test requires that the CPS must be satisfied there is sufficient (admissible) evidence to provide a realistic prospect of conviction to be able to 'charge' an accused. (They must consider other issues such as what the defence case is/may be, and how it is likely to affect the prospects of a realistic conviction).

If an evidential test is passed for any offence classed as 'serious crime' then I'd suggest prosecution is required in the public interest. (for this this type of offence i.e parties known to each other = 'serious crime', parties unknown to each other = 'major crime'). However, as mentioned, cases which do not pass the evidential test must not proceed.

For many reasons, rape offences classed as 'serious crime', are extremely difficult cases for police/CPS, mainly due to lack of solid admissible evidence and often resulting in there not enough to meet the evidential stage of the Code test.

"Can I ask is it a good indication that I have not been charged....". Simply put, Yes, (obviously its better than being charged), but bear in mind unless you were arrested directly at the alleged scene then a file was highly likely to have been submitted this way to the CPS for final decision in any case.

The information you have provided is far too brief for any one here to really answer questions about this particular situation and I would advise you not to disclose further info on a public forum. However, from what you have disclosed i'd be surprised if the decision is to charge, but I could be very wrong.

[Peter Pedant]

// I would advise you not to disclose further info on a public forum. //

Oh dear K - you should take that advice however it still allows US who know nothing of the case can still comment . - the reason is that the internet posts of an accused have and can be presented at a later trial.

I have supported an accused, for serious offences of this kind,
and I have to say I ended up writing to Alison Saunders (DPP) telling her what a shower her department was and how they were wasting my taxes in prosecuting obvious non-starters.

The judge had commented during summing up - "either the main witness or the accused is blatantly lying, and you the jury have to decide which one it is." The jury took eight minutes to decide that the liar was the accuser and acquitted the defendant. [ Costs are never awarded.]

It all took a year.

Alison's minion- we are almost on first name terms - replied the system was MEANT to 'work' like that [ I paraphrase ] and that as the system was self-assessing, they had assessed their own performance as : greater than 100% score their performance as better than satisfactory. [I paraphrase again but give the gist ]

and not only that - Alison's life work was to bring MORE cases of rape to court and so on, and she couldnt understand why the conviction rate by juries was going DOWN. [ she was on television saying that, a few days ago, having said that she had examined recent cases ]

Good Luck is all I can say

I wouldnt be writing in this way if I hadnt been a supporter of an accused immigrant with an unpopular religion and I have to say I found the experience, life changing ( for everyone )

[Bonkers123]

My ex was charged with rape ,he had actually boasted on FB how he had repeatedly abused me when he had plied me with drink ...for 2months he was on bail whilst the police gathered evidence ..his mate refused to admit that he had read the messages telling him how my ex assaulted me and i deserved it ! I was in a DV relationship for over 2 years and this man controlled me to the point i had no idea what day it was .Anyway ,the police said that they would send the file to the CPS ..3days later they came back to me and said NFA ...i was appalled ! I wrote to the CPS and they said to me that they had NOT recieved the file at all ....i was gobsmacked ! I since have come into contact with his ex wife who disclosed to me that he also raped her and got away with it ..i want this case re-opened as this man is a serial rapist and i am shocked that the police let him get away ! ..