It Just Seems So Unfair...............

[ruthandsam]

Didn't know how to get my comments to show on 'Latest posts' so my question is at the bottom of previous one............thanks


http://www.theanswerbank.co.uk/Law/Question1216859.html#answer-8165107

[boxtops]

ruth, both your threads will be in latest posts as you update them.....

[Orderlimit]

Hi Ruthandsam

Has the decision making process been fully explained to you? (this can offer some help). There was a new system of rights to review CPS decisions released last month so I will have a look and get back.

Also can I ask whether the accused was arrested?.

(I don't think my post on your other thread updated in 'latest post')

[ruthandsam]

Yes, he was arrested but just responded to questions by answering 'no comment' which the Police thought was a little odd.

He wasn't charged though. The process is going to be explained to us next Monday night but in the meantime we will just have to see what they have to say. Just seems so sad that after my son had poured his heart out to them, provided video evidence and of course, told them the intimate details which must have been so very hard for him that it has all come to nothing...

Thanks for your help Orderlimit.

[sunny-dave]

I can't help with your son's predicament (which sounds dreadful and you have my every sympathy) - but I can explain the 'latest posts' problem.

Answers to threads where the original post was more than a month ago don't show at all in latest posts - so you need to start a new thread, as you have done here, to get visibility.

[Orderlimit]

No-comment interviews are common under these circumstances I'm afraid Ruth, and it certainly cause's more confusion and concern for the victim to find this out.

Hopefully, the consultation will help a little with regard to why the decision not prosecute was made and do not be afraid to ask questions or challenge the police / CPS at the meeting.

The new scheme released last month I referred to is the Victim's Right to Review (VRR) and will have a look later to see who qualifies etc.

http://crimeandjustice.co.uk/2013/06/05/dpp-announces-victims-right-challenge-cps-decisions/

http://www.cps.gov.uk/victims_witnesses/victims_right_to_review/index.html

[Orderlimit]

The VRR, process seems to be straightforward Ruth, and states "When you are advised that a decision not to bring charges against a suspect or a decision to stop the case has been made, you will be notified, in clear terms, of the right to request a review of that decision. You will be provided with information as to how to exercise the right." (see the CPS link provided).

Please note the time limits that apply for VRR request.

I must point out that the reality is such cases are difficult to meet the required test of evidence required to prosecute (charge) an accused person, however, the details of this individual case and specific reason/s not to prosecute should rightly be fully explained to you at the first consultation. If you are not satisfied with the reasons for the decision then the long overdue VRR is available. Whereas a further review may not succeed in a change of decision, it may help the victim in knowing that they did all they could possibly do to bring the offender to justice.

[Orderlimit]

Sorry to go on but a more detailed explanation of the new VRR, scheme has been added to the CPS website, please note the following:

2. The scheme set out below will apply in all qualifying cases from 5 June 2013.

4. The scheme is not retrospective in its application and will only be applied to cases in which the qualifying decision is made on or after the scheme comes into operation. Requests for reviews of decisions made prior to this will be considered in accordance with the complaints policy in existence at the time.

http://www.cps.gov.uk/consultations/vrr_consultation.html#a03

[ruthandsam]

Thank you so much Orderlimit. We have a meeting with the Police on Monday night who are going to explain it all to us and the available options, as you have. I look forward to the update.

Many thanks again!

[Orderlimit]

Thanks Ruth and all the best.