- This topic has 12 replies, 8 voices, and was last updated 5 years ago by
.
-
Posts
-
-
Hi all,
From my previous posts, you’ve probably read that I’ve been appealing the CPS decision. I had a report back from them which basically called me a liar. I appealed AGAIN, along with all evidence that I had to show I wasn’t lying and a supporting statement.
However, (detail removed by moderator), I’ve had emails from the Victim Right To Review scheme that they can’t review my case as the police didn’t give my case to the CPS until after the 6 month deadline. They said that the police have admitted it was a “summary only offence” for assault etc. But the person coudn’t be charged as it wasn’t in the 6 month deadline.
What annoys me about this is the police told me he couldn’t be charged as there wasn’t enough evidence.
I’ve now put in a formal complaint and I’m now seeking legal advice from the Centre for Women’s Justice. This message for all of you is to please keep pushing the police, please keep asking for updates. This has just made me think about how many other women have been fobbed off with the “not enough evidence” excuse.
I will make sure that this changes and I’m not going to stop until it does. Please please keep pestering the police once you have reported someone. I did, every single day but the more people that know about this 6 month “rule” the better!
He’s got away with what he did to me when if the police had bothered to do their job quicker, he would have been charged. I’ve also had a year of absolute turmoil. Don’t let this happen to you!!
-
-
-
Hello Feather,
The definition of ‘policy’ is ‘an intention or a goal’ if they look in the dictionary.
Intentions and goals are really important. The intention should be to help people and protect them from harm. If the policy isn’t doing that it needs to be reviewed and changed, just like any other ‘policy’ that doesn’t work.
From what you are writing and your own intentions, you are acting with clarity and courage. I don’t know much about this particular circumstance, but recently I have found it helpful for myself, to remember who I am. Essentially who I am. Before my ex blew me somehow off course, and told me all sorts of stuff that I wasn’t good enough as a human being. etc.
So hopefully it might help for me to write to you remember who are are….
ftc
x -
The 6 month’s deadline is what’s called statute of limitation. It’s essentially a legal concept that after 6 month of the offence taking place, it can no longer be prosecuted if not brought to the attention of the police/CPS. It’s the limit for common assault which most domestic violence cases come down to and is indeed a summary offence heard in Magistrates’ Courts.
Controlling and coercive behaviour on the other hand is different as that is an indictable offence which also means it will start directly in the Crown Court if taken forward by the CPS. If there is a history of abuse with many past assaults also older than 6 months, I would ask to report all the historic stuff to a domestic abuse police officer for the consideration of controlling and coercive behaviour.
In your case I would strongly argue that you DID bring it to the attention of the police within the 6 month deadline from reading your post. It is not your duty to bring your case to the CPS. I am just appalled. Did the police decide within the 6 month deadline not to charge and not to consult CPS or? If so, I would imagine that would be the only “acceptable” excuse under the current law – which in my oh so humble opinion is still appalling.
-
If you have evidence of his assault you can also ask about a personal injury case (detail removed by moderator). Sue his a*s. Get a no win no fee lawyer. Or legal aid. It sounds like if he works (detail removed by moderator) he will have money and the burden of proof is much much less (detail removed by moderator). Also ask about criminal Injuries compensation which you can claim if you have reported a crime. I think there is a 2 year deadline for that and I think personal injury is three years. Lots to consider. If the police have been negligent then you could also sue them. Kick their a*s 👍
-
-
Go you @Feather. And they say we’re weak. They have no idea how strong a Woman is until she’s well and truly rattled.💪💜💛💚
-
-
Thanks, guys! The police told me they were looking to charge him and told me that with the 6 months! I’ve still got all my photos, emails to the police chasing etc. I’ve not deleted a thing. Women’s Aid have given me the Centre for Women’s Justice’s details and I’ve got someone ringing me tomorrow. I just don’t want something like this happening to anyone else. It’s so annoying that he would have been charged otherwise. To think that the report basically called me a liar as well is the worst thing!
@Kip I will defo private message later. Thank you so much everyone! 🙂 -
-
@eggshells thank you so much, that is really lovely to hear! 🙂 made my day xx
-
Hi Feather
Sorry to hear that you have not been able to have your case reviewed and thank you for sharing the information about the 6 month deadline.
Just a reminder to all forum users to be mindful about not posting anything about any criminal investigations or civil issues which could end up as court cases.
Take care and keep posting
Lisa
-
- You must be logged in to reply to this topic.
