Do all or most cases get passed on to cps?

[Not Guilty 1000]

Hi

I posted previously on a FA and that she claimed she was drugged and had no recollection of the consensual 3 some. We were told to wait for the toxicology report which has come back and no trace of drugs ..blood alcohol is pretty normal. In the words of the CID it's insignificant.

We assume the toxicology results were thier big hope in proving that she passed out and didn't remember a thing until she woke up and I drove her home. She claimed not to remember having drinks at a certain bar we went to just before going home.

Surely this proves she lied and this weakens her case? Why would police still prolong this and would they have to pass it on to CPS for a decision. It's been over 3 weeks since the report came back.

Cheers

[Peter1975]

The majority of cases that are NFA'd are police decisions but the CPS also NFA around 40% of the cases passed on to them too.

Some drugs such as GHB metabolize quickly and cannot be detected after a few hours, however, the fact that you are saying she passed out would indicate that she had drank more than enough to render the administration of drugs moot, she could simply have mistaken the effects of too much alcohol for drugs.

The law here is quite complicated and has rather blurred lines but it is the defendants reasonable belief in consent that is the essential question. Drunken consent is still consent and as you and your partner will have been able to give similar truthful accounts, this should count in your favour.

Hang in there