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  • #46
    Hi just to echo the above comments really

    Totally understandable you are scared. Don't deal with this alone, you must draw strength from people who care and believe in you.

    The trial,is for your side to be heard. She hasn't been questioned yet so don't be defeated before you have had your say and the truth be heard. The trial can take longer or be less. OH was set for 5 days but took 9, but got unanimous NG so keep faith. Trial,can be thrown out but best to,prepare for trial, your Barrister will guide you when you meet to review evidence hopefully he will reassure you. You must tell your Barrister everything in your defence so he can use this at trial, even the smallest detail.

    You will,stand in the doc this can be behind glass and it is important to dress smartly and hold your head up high and tell your truth. Once you have seen your Barrister you will be better informed when all,evidence reviewed. Keep strong x

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    • #47
      My trial was in Scotland so maybe a bit different.

      My accuser gave evidence behind a screen which was just a large bit of wood (not videolink) so they could not see me. I was sat in the dock beside two court officers (front row facing judge) for the trail, the only other place was when I was giving evidence and was on the stand.

      I too was thinking about them not turning up and it being thrown out but it’s got to this stage so you need to focus on the trail and not hope for the unrealistic as hard as that may be. My trial was over a week because of how it fell over the Easter break but it goes faster than you expect it to. The trail usually does last how long they say unless there is a problem with the jury or witnesses.

      I take it you have not been given your exact date yet just sometime in March?

      The solicitor will not really be able to put your mind at rest, they can only tell you not to worry and be strong during the lead up and the trial.

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      • #48
        It's understandable that you've got many, many questions. If at all possible, take someone toy trust to your appointment with your solicitor - 2 sets of ears are better than one. Also, write down all the questions you have so you don't forget anything, and write down the answers so you don't forget them either.

        Some of your questions will be answered just in the course of the conversation, but it's horrible to come away thinking that you meant to ask something in particular.

        No solicitor will mind you taking notes.

        Very best wishes.
        Last edited by Franticwithworry; 22 January 2017, 12:23 PM. Reason: Edited for spelling :-(
        'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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        • #49
          I remember your feelings only too well. My trial was last month, so while it's still fresh in the memory, I hope you can benefit from my experience.

          Firstly, I would say that it's better to be honest with those close to you about the nature of the consensual acts that took place. Most people engage in some form of fantasy and roleplay in their sex lives and infidelity is relatively common. My case involved both. I was warned that the jury could hold such things against me, but I really believe that my openness and honesty from the outset counted in my favour. It allowed me to have the support of my family in court too, which was a massive help. My wife was my accuser and had nobody in court at all.

          Having a conference coming up is a very positive thing indeed. There is no need to be nervous about this - remember your solicitor works for you! This is a chance to get a sense of how the case will proceed, but even then the legal team might be holding something back for on the day. If you are not happy with anything, make sure you say so. And do take notes and use them. Your solicitor will be doing so. This is when you can get a true sense of whether you are singing from the same hymn sheet. If not this is something chance to get things straight.

          As for the trial itself, it is good to read the threads on here about trials and what to expect. In short, do dress smartly but not flashy, do take the fabled "nasty bag". Do make sure you can take notes in the dock and do make sure you can get refreshments.

          For the most part, you will be listening from the dock. There will be legal arguments and timetables set, the jury will be selected and sworn in, and the case will begin with the opening statement. If there is an ABE interview, the dvd will be played to the court. Then the complainant will be cross-examined. Next will come any other prosecution witnesses. Then thee will be any medical or technical evidence and your police interview will be presented to the court. This is usually by the prosecution counsel playing the police and the officer in charge playing you, reading from the transcript. The prosecution will then rest its case.

          Now comes the turn of the defence. If you take the stand, you will give evidence through your barrister asking questions. Keep your answers to the point and don't be afraid to express any emotion except anger. Then it will be the turn of the Crown to cross-examine you. If you honestly don't know the answer to a question, say so. Listen carefully to the questions and keep your answers as short and concise as possible. Don't be tempted to fill "dead air" by rambling. Then any other defence witnesses or evidence will be dealt with.

          After the conclusion of the defence case, there will be closing speeches - prosecution first, then defence, to summarise the case. Then the judge will sum up - often legal direction first, followed by the summary of the evidence. The jury will then retire to consider its verdict. If it takes longer than two hours, the jury may be asked to consider a majority verdict but still be told to try and return a unanimous verdict. Once a verdict has been reached, you will return to the dock. If the verdict is not guilty, you will be released from the dock more or less straight away. The judge will then pass comments about the conduct of the case and that will be it. Do not focus on the other possible outcome. I'm sure you will have played that scenario in your mind too much already.

          If you get the right result, do not expect to be happy. You may feel relieved, but joy was not an emotion I felt. Good luck.
          "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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          • #50
            Excellent advice as usual Terrifieddad!
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

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            • #51
              TD has the experience & I am grateful he is sharing it.

              Kindest regards
              Mr B

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              • #52
                Thanks for the replies. Useful information however I still feel like **** constantly. I guess this is normal ??

                My trial is set for the first week in march for at least 3 days.

                My family, partner and close friends are all aware of what is happening altough only a few know the details.

                I feel that I have shamed them enough by putting them all through this for two years, without asking them to be there at court. I feel like telling them that court is on a different date so I can deal with this on my own.

                There are things that I cannot remember about that nite as we had both had a drink, however this was leading up to the events that had taken place. The sexual acts that took place are clear as day in my head. But i feel like the CP's and the police are / will use whatever they can to get a conviction and it has felt like this from the beginning. That she is the victim in all of this.

                Thanks

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                • #53
                  You haven't shamed them at all. Please keep that thought forefront in your mind. I understand your current turmoil and that's normal.

                  However, speaking as a family member supporting someone falsely accused, I would be SO upset and hurt if I was denied the chance to support them. Please give them the opportunity. They might say no, the timing may not be convenient for them but let them choose.

                  You have done NOTHING shameful. Never forget that and keep your head held high.
                  'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

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                  • #54
                    Originally posted by Franticwithworry View Post
                    You haven't shamed them at all. Please keep that thought forefront in your mind. I understand your current turmoil and that's normal.

                    However, speaking as a family member supporting someone falsely accused, I would be SO upset and hurt if I was denied the chance to support them. Please give them the opportunity. They might say no, the timing may not be convenient for them but let them choose.

                    You have done NOTHING shameful. Never forget that and keep your head held high.
                    Thank you for your kind words. My trial starts on Monday and is expected to last three days. The prosecution has the complainent and two witnesses.

                    I still hope that this will be thrown out however this is doubtful now. What scenarios could cause this to happen ? Is it likely that the prosecution witnesses will attend court to give evidence. My barrister has said that the CPS and the police will do everything in there power to get the witnesses to court.

                    I feel sick and I'm struggling to sleep any hours at all. I'm trying to get myself focused for court however over the two years this has ground me down that much I don't have any energy left.

                    At least next week it will all be over one way or another.

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                    • #55
                      You have the worry of going into unknown territory, but probably better not to pin your hopes on the possibility of the trial being pulled.

                      Do have a look in the 'Useful Information' of the forum; there is some great advice about preparing for trial and how to conduct oneself during it from members who have trodden this road already (and survived with NG verdicts!)
                      'What doesn't kill you makes you stronger'

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                      • #56
                        Originally posted by Casehardened View Post
                        You have the worry of going into unknown territory, but probably better not to pin your hopes on the possibility of the trial being pulled.

                        Do have a look in the 'Useful Information' of the forum; there is some great advice about preparing for trial and how to conduct oneself during it from members who have trodden this road already (and survived with NG verdicts!)
                        Thanks I've read through everything possible. I'm so scared and nervous for tomorrow I don't know what to expect. I doubt I will sleep tonight.

                        My family and my partner will be supporting me all week.

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                        • #57
                          I feel your pain, we are in same situation our trial starts tomorrow know exactly how you are feeling.
                          Do read the information and posts on here it has helped me today. I wish you loads of luck, try and stay strong I know how difficult that is x

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                          • #58
                            To the people involved with trials starting tomorrow, I was in the exact same position this time last week!
                            Some absolutely amazing advice as always on here..

                            The most important pieces of advice from me is this:

                            Treat this like the most important job interview you have ever been on!!
                            We've all been in interviews where the employer is turning the screw and firing questions at us...
                            Keep calm at all times!!!
                            Remember the othet barrister is only doing there job, its important to understand that!

                            And also remember the accuser will not of been questioned yet!
                            They will be very uncomfortable whilst lying to a barrister!!

                            And lastly, if the accuser is doing it via a videolink, I think its actually quite hard for them to warm to the jury?? At least when you take to the stand you will do so with your head held high and in front of them!!!

                            Good luck to all concerned, keep us updated!
                            X

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                            • #59
                              Excellent stuff Aidy!

                              D182 - Keep going, you're almost there!
                              We're with you all the way!!
                              If you can't sleep then just rest your body.
                              You'll get through it!
                              YoH

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                              • #60
                                Hi just wanted to,add to what's been said already very best positive thoughts and positivity will be sent to,you today and in the morning. You can and will come through this ordeal. Now is the chance to put your side forward. It's been all one way so far and only one side has been heard by CPS to even bring this to a trial. This week will be the 1st time a challenge put forward to FA and your truth heard. So stand tall you can do this. Hoping your defence team give you the support through this and challenge the lies. Try and remain calm and just focus on your truth. Stay strong xx

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