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  • confused, Can anyone translate?

    Hi guys, I received a letter from my solicitor today but not quite sure
    What it mans, I'll effectively write it out in short on here and cam someone
    Tell me in layman's terms what it means?

    There was a problem with a schedulefor appointment between
    The cps and officer in the case which was due to take place
    On 22nd July. This is now set for 4th Setember. They have decided
    Having reviewed the evidence and discussing it with CPS that
    The appropriate course of action for you is to be reported for summons
    For the offences. They are going to do this on 13th August and
    Give a date to attend court.

    The officer in the case will then meet with the cps in Setember
    And if they do not want to proceed with the case they will inform
    You in writing. DI ****** told me that they have decided to take
    This course of action as they think this is how things will
    Properly progress and they do not think it is right that you have
    To repeatedly attend the police station.

    What does this mean? Am I being charged? Am I going to court?
    Honestly have been expecting it not to get to court but now
    I'm worried again...
    Can anyone shed light on things?

  • #2
    Hi Mb & welcome to the forum,

    My understanding of a summons to a Magistrates Court is that this is reserved for low level offences such as motoring and D&D which don't merit charging and bailing or remanding.

    So yes, unfortunately the summons means you will have to appear in court but you won't be charged; what happens next depends on how seriously the Mags view the offence which you have been summonsed for.

    Edit; apologies for not remembering you have posted previously!
    Last edited by Casehardened; 23 July 2014, 07:59 PM.
    'What doesn't kill you makes you stronger'

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    • #3
      No apologies needed! Im rarely on here anyway
      Prefer to deal with it on my own!

      Well if that is the case I can handle that! It did sat in the letter my bail conditions are no longer valid but they are happy with it as I have kept good on the current imposed for over a year now...
      Does the fact that I have been on bail for over a year for the allegation change your understanding of the matter?
      Thanks for the information!

      Comment


      • #4
        Originally posted by Mb2014 View Post
        Does the fact that I have been on bail for over a year for the allegation change your understanding of the matter?
        My cynicism wonders if this was done simply to reduce police time and paperwork!

        However I believe that as you have been summonsed to Mags you will have the opportunity to be tried there rather than at CC; in that case Is There Justice's reply in this thread will be relevant to you as well:

        http://www.daftmoo.org.uk/mooforum/s...fling-me/page2
        'What doesn't kill you makes you stronger'

        Comment


        • #5
          CH is correct it seems they have dropped your bail conditions so you no longer have to appear at a police station.
          The case has gone to the Magistrates Court probably at the recommendation of the CPS.

          But reading between the lines it looks like they either do not have enough evidence so are stalling
          or the CPS think it might not go through at Crown Court. Very dangerous being tried at a magistrates
          for offences such as Rape or indecent assault and things of that nature, as your more likely to be
          found guilty.

          Best course of action for you now is to go and sit down with your solicitor and ask all these questions.
          It will cost more to go to crown but at least you will be given a fair trial having a jury rather than
          3 court appointed magistrates.

          I hope someone else can shed some light on this as I too am very cynical of there intentions.

          Comment


          • #6
            Originally posted by Casehardened View Post
            Hi Mb & welcome to the forum,

            My understanding of a summons to a Magistrates Court is that this is reserved for low level offences such as motoring and D&D which don't merit charging and bailing or remanding.

            So yes, unfortunately the summons means you will have to appear in court but you won't be charged; what happens next depends on how seriously the Mags view the offence which you have been summonsed for.

            Edit; apologies for not remembering you have posted previously!

            Are you sure about that? I thought that to get to a court then a charge has either happened or will do. I don't think that somebody can be prosecuted for an offence if they have not been charged for it. Happy to be proved wrong though......



            Hmmmm just found this:

            http://open.justice.gov.uk/courts/criminal-cases/

            You can find out about the average time a case took - from the offence to the outcome - in courts within your local area between January and March 2014. Cases are broken down into three stages:
            • offence committed, up until defendant charged (formally accused by the police) or written summons received
            • defendant charged or written summons received, up until first hearing
            • first hearing, up until case outcome

            Note: Case length may vary between courts due to the volumes, types and complexity of cases they have dealt with during that period. Sexual offences, fraud and forgery take longer, for example, because they are often reported to the police some time after they took place.

            Looks like either charged or summons. If it's an alleged sexual offence they tend to charge for those, unless it's a mere touch on the bum or similar. Even then I've known those go to Crown Court for trial when they are denied
            Last edited by Rights Fighter; 24 July 2014, 05:44 PM. Reason: Looking for more info and found some!!
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #7
              UPDATE

              My solicitor misinterpreted the information and turns out they
              Are NOT taking me to court... as of yet.
              Police in there infinite wisdom thought that mine and my solicitors
              complains about being bailed repeatedly was the minor inconvenience
              of having to go to the police station every 3 months NOT the fact
              That ive waiting over a year for any kind of progress.

              to remedy this they did something like a notice to summons or something
              But gave me no date for court untill a decision is made on the 4th (rendering
              the entire thing pointless really as they would just charge me
              and have to book a date even if I was still on bail)

              Hoping for some good news on the 4th. Everyone telling me to
              'Hope for the best, expect the worse' is extrandary frustrating when
              you have done nothing wrong. How cam you expect the bloody
              worse when your innocent!?

              Anyway fingers crossef it'll all be over in a few weeks.

              Comment

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