very worried

[bootandsuit]

As long as you have not tried to make direct contact with the barrister Rachel Darby, in the case I mentioned above, that's ok.

It is for the solicitor or your own barrister to do that. They might or might not know her personally, but they can make contact with her if they think it will help. Her arguments to get the previous unproven allegations into her case, must have been very strong. Hence the suggestion that your defence team contact her......

oh no I would not do that RF

[Rights Fighter]

Jolly dee! Let's hope the article helps.

[bootandsuit]

Jolly dee! Let's hope the article helps.

Me too RF anything that will help ! Thank you again

[Rights Fighter]

My pleasure! Let's hope more helpful "stuff" comes up that you can use!

[bootandsuit]

Good evening all just wondered thoughts on this ??

Today i recieved a calk from my solicitor as we had a meeting planned next week with my barrister to go over the finer points in my case. I was expecting that phone call to be about that howevery solicitor said that today one of her contacts at the CPS has called her informing her that next week the CPS pros barrister and police dealing with my FA were having a meeting about dropping the case the lady at the CPS who my solicitor says she knows well has given a strong indicated that the case will be dropped against me and she said the pros barristerhas told her its an extremly week case ?!

Anyone heard of anythibg like this before? Of course im not getting to excited yet and wont until i see it in black and white just wanted anyones thoughts
Thanks as always B&S

[Casehardened]

Anyone heard of anythibg like this before? Of course im not getting to excited yet and wont until i see it in black and white just wanted anyones thoughts
Thanks as always B&S

It sounds good news whichever way you look at it; even if they continue, if they are having doubts about the strength of the case that must be good for the defence!

Got everything crossed for you

[YearsOfHell]

That does sound positive.
Don't be surprised if the case still goes ahead as they seem to do the unexpected!
But even if that happens it sounds like there's not much of a case.
Should be short and sweet.
Keeping everything crossed that you won't have to stand in court!!
Big hugs
YoH

[bootandsuit]

Thanks for the replies

Oh no i am still expecting it to all continue just found that phone call odd but yeah your right does sound good for my case as i know its all lies she must be panicking now closer the trail gets.

[Rights Fighter]

Good evening all just wondered thoughts on this ??

Today i recieved a calk from my solicitor as we had a meeting planned next week with my barrister to go over the finer points in my case. I was expecting that phone call to be about that howevery solicitor said that today one of her contacts at the CPS has called her informing her that next week the CPS pros barrister and police dealing with my FA were having a meeting about dropping the case the lady at the CPS who my solicitor says she knows well has given a strong indicated that the case will be dropped against me and she said the pros barristerhas told her its an extremly week case ?!

Anyone heard of anythibg like this before? Of course im not getting to excited yet and wont until i see it in black and white just wanted anyones thoughts
Thanks as always B&S

Yes I've heard of this before. I've even heard of it happening after a "suspect" has been charged, sometimes it's happened for clients of solicitor Chris Saltrese. Of course, it's not always something he or Tania QC has done, but sometimes relates to excellent arguments put to the CPS prior to trial.

As I recall, one or two members on here had the same happen, and they had legal aid duty solicitors.

It's not hugely rare.

I'll hold fire on the bananas until you have had it confirmed. However, a few big smiles won't go amiss

[bootandsuit]

Yes I've heard of this before. I've even heard of it happening after a "suspect" has been charged, sometimes it's happened for clients of solicitor Chris Saltrese. Of course, it's not always something he or Tania QC has done, but sometimes relates to excellent arguments put to the CPS prior to trial.

As I recall, one or two members on here had the same happen, and they had legal aid duty solicitors.

It's not hugely rare.

I'll hold fire on the bananas until you have had it confirmed. However, a few big smiles won't go amiss

So you think uts a good sign RF? Im not holding by breath but my sol said yesterday its looking very likey that the CPS are going to drop the case when they all meet. The pros barrister has told the CPS he doesnt feel confident with the case

[Rights Fighter]

If they have already said what they've said, and they change their minds and go ahead and charge, it would probably make for a good argument prior to trial, before the trial starts and after the prosecution case, to have the matter dropped as an abuse of process. It would be abusing the court process to proceed with a case where there has been serious doubt beforehand that it would go anywhere, and that that message had been conveyed to the defence.

Hold fire on the Champagne at the moment, though........hold on in there!

[bootandsuit]

Will do RF ive been charged tho my trial is due in 12 weeks dont understand why after all ive been through theres all of a sudden this doubt

[Rights Fighter]

Sorry hon, unless I am working on a particular case I tend to forget exactly where members' cases are in the grand scheme of things.

In that case, yes I've heard of cases being dumped before the trial and during, due to "no case to answer" - although as / if you have already made your NG plea, it would have to be some sort of abuse of process argument.

It could be that something else has cropped up that CPS are at the moment keeping to themselves, but would have to share with the defence I think, if the matter is dropped. That happened in a trial I was involved with back in 2013, where it was dumped on the 2nd day due to evidence I obtained on Facebook, and also something else that went on in the background, the details of which I do not know.

Be guided by the solicitor.

[bootandsuit]

Sorry hon, unless I am working on a particular case I tend to forget exactly where members' cases are in the grand scheme of things.

In that case, yes I've heard of cases being dumped before the trial and during, due to "no case to answer" - although as / if you have already made your NG plea, it would have to be some sort of abuse of process argument.

It could be that something else has cropped up that CPS are at the moment keeping to themselves, but would have to share with the defence I think, if the matter is dropped. That happened in a trial I was involved with back in 2013, where it was dumped on the 2nd day due to evidence I obtained on Facebook, and also something else that went on in the background, the details of which I do not know.

Be guided by the solicitor.

Yeah i understand that you are a great help to many on here.

Yeah ive been charged after 10 months entered my NG plea when you say abuse of the system thats my FA yeah or the police not me i hope ?

[Rights Fighter]

Abuse of Process is a legal term and wouldn't be any reflection on you. It's went, for instance, the police / CPS behave in a manner - say relating to PACE or misuse of evidence. It can cover a whole moutnain of issues and is difficult to explain.


http://www.hse.gov.uk/enforce/enforc...useprocess.htm

What is abuse of process?

1. Abuse of process has been defined as "something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding" ¹.

2. Both the Crown Courts and magistrates' courts have discretion to protect the process of the court from abuse. This includes protecting the accused person from oppression or prejudice. The courts have often emphasised that the power to stay a case for an abuse of process is an exceptional power to be exercised sparingly. A case might form an abuse of process where:

• the defendant would not receive a fair trial; and/or
• it would be unfair for the defendant to be tried. ²

3. The traditional view has been that the burden of proof is on the defence to show that the proceedings should be stayed as an abuse of process. The standard of proof is the balance of probabilities³. However, the decision to stay proceedings as an abuse of process is an exercise in judicial assessment based on judgment, rather than on any conclusion as to fact based on evidence, and use of terms such as ‘burden of proof’ and ‘standard of proof’ has the potential to mislead⁴.

4. There is no exhaustive list of situations where a court might halt a case for an abuse of process but the specific categories below are the most common situations where arguments arise.


Footnotes

1. Hui Chi-Ming v R [1992] 1 A.C. 34
2. R v Beckford [1996] 1 Cr.App.R. 94
3. R v Telford Justices ex parte Badhan 2 Q.B. 78
4. R v S (Crime: Delay in prosecution), The Times, March 29, 2006.

More useful links

http://www.cps.gov.uk/legal/a_to_c/abuse_of_process/

http://www.lawgazette.co.uk/law/stri...08.fullarticle

It's such a complicated part of the law.