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  • I'll try again...

    I'll eat a slice of humble pie and apologise for my short-tempered response with regards to my other posts. My excuse is that I don't sleep any more, I go to bed around 11.00pm and wake up every morning at around 1am or 2am and only manage to get back to sleep at around 5am to 6am. My mood in the mornings is not good, I'm irritable and bad-tempered. My wife and I have been under a great deal of stress for nearly a year now - which those of you who've been in similar situations will obviously understand.

    I don't really want to go into details about my case, because this forum is open to scrutiny from any interested party. However, a brief outline is that I was accused last year of multiple SO's, going back nearly 40 years. The point I was trying to make (and I'll post a link), is that in June 2013, a new piece of legislation was introduced - the Victim's Right to Review (VRR). As it transpires, the new legislation seems to only have been brought into effect by most local police forces, from April 1st this year - 2015. Not much of an April Fools joke tho'.

    It provides a mechanism for any 'victim' of a crime, to ask for a review of an initial CPS charging decision, including NFA. There doesn't have to be any good reason given, it is a 'victim's' right. The initial CPS decision will then be reviewed by the local CPS regional authority, usually by somebody senior to the original individual or team. If the 'victim' is still not happy with the outcome, they have the right to contest the second opinion and seek a third review, from an independent team at the VRR HQ.

    So far, from June 2013 up until March 2014, there were 1,186 appeals under the new legislation of which 162 were upheld, or nearly 14%. That may not sound like a great many, until you consider that for every 7 appeals, 1 is upheld. One in seven is a significant number.

    What this means, is that in a case such as my own, the complainant will almost certainly appeal and will quite definitely be encouraged to do so by the investigating officer. The investigation has taken many months to undertake and an NFA is not a satisfactory outcome. As I stated in my previous post, if someone has waited nearly 40 years in order to make a range of accusations, why wouldn't they appeal if they can?

    I appreciate that some cases are more straight forward than mine and it may be that if a disgruntled ex etc is just 'trying it on' and the case is dropped, there may not be the momentum or incentive to go to appeal. However, in cases such as mine, my original statement, that 'NFA means bugger all' is almost certainly true. When the NFA decision was initially announced, I briefly felt the weight of many months lift and fleetingly saw daylight once again. It was only when I read the VRR document that I realised to my horror, that my case is far from over. I am quite sure that my accuser will go the whole nine yards to put me behind bars.

    What conclusions are to be reached from this are the subject of another discussion, but it is clear to me, that an initial CPS charging decision of NFA, is now only one step in the extended psychological agony that these accusations bring into people's lives. Here is the BBC link and also the link to the online document.

    http://www.bbc.co.uk/news/uk-28377445

    http://www.cps.gov.uk/consultations/...nsultation.pdf

  • #2
    I commend you for coming back on and explaining the situation, you are clearly in a state of much stress. Also, your factual information is very much appreciated. I'm not sure anyone would be able to put your mind at rest. Perhaps in the coming weeks/months this will ease. I maintain that your NFA should be a source of comfort. All I can say is that in the time I've been involved with this I've not heard of anyone getting their NFA appealed within a short period of time. Clearly this happens sometimes but why worry about something which is yet to happen?

    Comment


    • #3
      Also re; your stats. Are they for all types of crimes or for Sexual crimes specifically?

      Comment


      • #4
        Thank you for your post, as you mentioned previously many of us were unaware of this; I knew that it was possible to ask for a review but didn't realise that this right had been enshrined in law, very unwelcome news of course, but I guess it is better to be aware of the possibility.

        Did you notice from your research whether VRR is retrospective or will only apply to CPS decisions made after June 2013 (I'm worrying now)

        I've answered my own query by looking at the link you supplied...not retrospective!
        Last edited by Casehardened; 25 October 2015, 07:51 PM.
        'What doesn't kill you makes you stronger'

        Comment


        • #5
          http://www.cps.gov.uk/victims_witnes...ght_to_review/

          Extract:

          The following cases do not fall within the scope of the scheme:
          • Cases where the qualifying decision was made prior to 5 June 2013;
          • Cases where the police exercise their independent discretion not to investigate or not to investigate a case further (whether in consultation with the CPS or not) and the CPS have not been requested to make a formal decision to charge. Requests for review of such decisions must be addressed to the relevant Police Service;

          So my understanding of this is, if the CPS were not involved in the NFA or NO-Crime & the police did not request a charge, which was then refused, then a complainant seeking a review would need to approach the relevant police force (or possibly Chief Constable).

          Many people who make allegations and where the accused is not charged often still get their payout in "compensation", which is usually a primary motive for lying. They've got their money so they are satisfied.

          If it's malicious then maybe the complainant might want to go back for his or her pound of flesh. Depends on the circumstances of the case.
          Last edited by Rights Fighter; 25 October 2015, 07:54 PM.
          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

          Comment


          • #6
            Reading the link further this paragraph is enlightening:

            40.In cases where the qualifying decision was ‘not to charge’ then it may be
            possible to bring proceedings if the original decision is found, on review, to
            be wrong.


            The implication is that the NFA decision will only be reversed if it was found to be incorrect rather than because it has aggrieved the complainant.
            'What doesn't kill you makes you stronger'

            Comment


            • #7
              Originally posted by Casehardened View Post
              Reading the link further this paragraph is enlightening:

              40.In cases where the qualifying decision was ‘not to charge’ then it may be
              possible to bring proceedings if the original decision is found, on review, to
              be wrong.


              The implication is that the NFA decision will only be reversed if it was found to be incorrect rather than because it has aggrieved the complainant.
              Yes, where a clear mistake has been made, and assuming the figures quoted relate to all crime, 162 upheld appeals is a very small number compared to the amount of investigations during that period. Rare things happen rarely

              Comment


              • #8
                Originally posted by Casehardened View Post
                Reading the link further this paragraph is enlightening:

                40.In cases where the qualifying decision was ‘not to charge’ then it may be
                possible to bring proceedings if the original decision is found, on review, to
                be wrong.


                The implication is that the NFA decision will only be reversed if it was found to be incorrect rather than because it has aggrieved the complainant.
                True, but 'wrong' is pretty much a 'catch all', how 'wrong' is defined is very vague. In a complex case such as my own, I suspect there was probably a good deal of deliberation on how to proceed. Almost any reason could be tendered as 'wrong' and if a senior legal decides on a 'suck it and see' outcome (if you'll forgive the expression) a suitable reason will be found. I'm sure it's conviction statistics they're interested in, that and pandering to a public/media predilection for putting old men in prison for crimes which or may not have been committed many years ago. (I'm beginning to rant).

                Comment


                • #9
                  Rare things happen rarely
                  The expression is that on hearing the sound of hooves, think Horses not Zebra. Well yes, but the 1 in 7 statistic doesn't really sound that good to me, if we were betting on Horses (or Zebra), seven to one would be considered short odds...

                  Comment


                  • #10
                    Originally posted by angstman View Post
                    True, but 'wrong' is pretty much a 'catch all', how 'wrong' is defined is very vague. In a complex case such as my own, I suspect there was probably a good deal of deliberation on how to proceed. Almost any reason could be tendered as 'wrong' and if a senior legal decides on a 'suck it and see' outcome (if you'll forgive the expression) a suitable reason will be found. I'm sure it's conviction statistics they're interested in, that and pandering to a public/media predilection for putting old men in prison for crimes which or may not have been committed many years ago. (I'm beginning to rant).
                    You are still statistically speaking highly unlikely to have your NFA overturned. I dont think they would do a 'suck it and see' I believe they would only do it if there was some logical reasons. You know what these legal people are like right?

                    Take a holiday and relax.lets deal with an appeal if it happens

                    Comment


                    • #11
                      Originally posted by angstman View Post
                      The expression is that on hearing the sound of hooves, think Horses not Zebra. Well yes, but the 1 in 7 statistic doesn't really sound that good to me, if we were betting on Horses (or Zebra), seven to one would be considered short odds...
                      1 in 7 is the number of those which have been appealed. You are not in that basket, your case has not been appealed

                      Comment


                      • #12
                        Anyway, the real point of my post is that whilst in some cases NFA may be a reason to celebrate (and I won't mention bananas), in some cases it really isn't the end of the road. The position of the 'accused' is a wholly wretched one, with no consideration of how these accusations can wreck people's lives.

                        Little or no legal aid means that many people simply cannot afford to mount a proper defence, the absurd timeframes of the enquiries is criminal in itself, their is no statute of limitations on SO's in the UK and the requirement for proper 'evidence' is minimal. The VRR is simply another means of elevating successful prosecutions. It's a proper witch hunt of epic proportion. I'm sure as a society, we will look back and hang our heads in shame.

                        I clearly remember the 'Satanic Ritual' child abuse cases and the Marietta Higgs, Cleveland child abuse cases of the early 1980's. Those were both shown to be media induced 'moral panics' but many people suffered as a result. I'm sure that is what we're up against now...I'm ranting again...

                        Comment


                        • #13
                          1 in 7 is the number of those which have been appealed. You are not in that basket, your case has not been appealed
                          No, 1 in 7 is the number of appeals which have been upheld...for every 7 cases which are appealed, 1 is upheld..anyway I'm very tired, I'm off now x

                          Comment


                          • #14
                            It's another thing to worry about and I guess we're all very used to worrying these days

                            I think the views expressed are all good. At the end of the day it's an unfair and awful situation BUT
                            It's out of your control : if (and it sounds unlikely) if the so called "victim" appeals the nfa decision, then you will cross that bridge then, IF her appeal is agreed.

                            In the interim : deep breaths and take your wife away for a few days and try not to worry

                            Fingers crossed for you
                            Innocenson
                            Innocentson

                            Comment


                            • #15
                              Originally posted by Rights Fighter View Post
                              http://www.cps.gov.uk/victims_witnes...ght_to_review/

                              Many people who make allegations and where the accused is not charged often still get their payout in "compensation", which is usually a primary motive for lying. They've got their money so they are satisfied.
                              At what point in the process do they get payouts?

                              It is insane to think people get payouts when there is "No Crime"! Especially when the minimum payout is £11k.

                              Comment

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