Has there been a formal complaint or not?

[shocked...]

I have recently answered bail only to be told by my solicitor that he has not been informed in any way that a formal complaint has been made. We checked the disclaimer and there was nothing on there which implies one. Thus I was advised to reply no comment once again. I am a bit wary of this advice as I really wanted to finally be able to give my side of the events. But there we go.

What I would like to know is whether the police have to tell you whether a formal complaint has actually been made or not? I am under the impression that if I am to be able to defend myself, I must be made aware of what exactly they plan on charging me with. Without a formal complaint, the police are just going by what they are presuming; not by what exactly happened.

[Casehardened]

I have a vague recollection that you once said you were studying law; or maybe I'm getting confused with someone else, 'shocked' seems to be a common user name, perhaps understandably!

Anyway, for proper legal advice you should really ask your solicitor but my understanding is that the police/CPS don't need a 'formal' complaint from the victim to investigate and proceed with a prosecution but only knowledge that a crime has occurred (after all a murder victim is hardly likely to make a statement)

Any evidence they have will not be made available to your defence team unless you are charged.

Having said all this, if a rape 'victim' is reluctant to make a statement, and so presumably reluctant to give evidence in court, it is difficult to see how a successful prosecution case can be built, so if your accuser hasn't made a complaint this can only be good.

To answer your specific query the police don't have to tell you anything apart from what they've arrested you for and what is in the caution, though a interviewer may give you some information in order to elicit a response.

[Rights Fighter]

Having said all this, if a rape 'victim' is reluctant to make a statement, and so presumably reluctant to give evidence in court, it is difficult to see how a successful prosecution case can be built, so if your accuser hasn't made a complaint this can only be good.

Unfortunately it is becoming a common occurrence in cases for alleged rape victims who do not wish to give evidence (for whatever reason) that their statement/interview is used as "evidence in chief".

This makes it impossible for the defence to cross-examine of course so the vast majority of those cases are thrown out on the first day. Unfortunately a very few still continue until conviction. I've not read any appeal judgements where the ground that this made the trial unfair, succeeded, but that is not to say that none exist.

It seems that the the trend of increasing rape convictions to meet targets will allow for further gross injustices.

Because a legal rep advises you to go no comment does not mean that you MUST take that advice. The choice is entirely up to you.

[shocked...]

That is correct, I just graduated from University with a degree in law. However, criminal law is something which I evaded with regards to my choices as I focused on commercial and contract law. So I only know the basics and nothing in detail, especially police procedures because I never thought I would need to deal with them; ironic that I now need to learn them to help my self and not other people that I should be defending!

They have elicited to an interview/statement from the alleged victim, however they have not told us anything about it. They misled my solicitor from day one where they told him that the victim has already been interviewed only to be found that she had not.

I completely understand that it is my choice to answer to the police questions, but if I do not have faith and trust in my solicitor, then I feel I am at a disadvantage. I really wanted to answer their questions and quash their presumptions as they were twisting the facts to their own benefit, disregarding a lot of relevant facts and evidence as it damaged their case.

I do not know what to do anymore, I think I have lost all hope and feel like giving up. I am not even worried about what is going on because I know I did not do what they are accusing. But I am scared. I am scared that if it does go to Court, the jury may not believe me. That is what will hurt the most.

[Casehardened]

Anyway, for proper legal advice you should really ask your solicitor but my understanding is that the police/CPS don't need a 'formal' complaint from the victim to investigate and proceed with a prosecution but only knowledge that a crime has occurred (after all a murder victim is hardly likely to make a statement)

Hi Shocked,

Just reread the thread & wanted to emphasize that I was making a general observation in the above paragraph and certainly not implying that a 'crime' had occurred in your case (wouldn't want you to sue me after you've qualified)

[shocked...]

Hi Shocked,

Just reread the thread & wanted to emphasize that I was making a general observation in the above paragraph and certainly not implying that a 'crime' had occurred in your case (wouldn't want you to sue me after you've qualified)

Yes I understand what you were saying. I am just a bit concerned as the Police are the main instigators into this charade whilst my solicitor is manipulating my side. It is completely out of my control and that's what is annoying me.

Rights Finder, my solicitor had told me that the CPS are stopping taking frivolous cases to court because of the low conviction rate. Is this correct?

Many thanks

[Rights Fighter]

In the last few months some people I have supported have either been found not guilty at trial and/or it's been thrown out after the prosecution case. In some of those cases the judge has ordered "an investigation" as to why those cases made it to trial.

Frivolous cases will still make it to trial and the judge, if the def is found not guilty, will say the same old, same old "an investigation will have to be made as to why this case got this far".

If they removed targets for rape convictions then these stupid cases would never make it that far - and it's a complete waste of tax payers money as well.