Can I sue the CPS?

barspeed

Straight forward question really from my other thread on being hit by an uninsured driver which has somewhat developed over the last nine months.

Police and CPS involved, offender does not attend court hearing, CPS lose case file, forget to inform police they can arrest the man, six months elapses so cannot convict.

I think basically the CPS, who have acknowledged they made the mistakes, have allowed for a miscarriage of justice to occur? (ie by failing to apply The Magistrates Court Act 1980 etc)

Is sueing the CPS do-able?

Thanks

Jon

Andy_L

What loss have you suffered as a result of the CPS's actions?

Trebor16

This is an issue around the statutory time limit. Was the offender charged with any offence and has he had to attend court? If he failed to appear at court and the court issued a warrant of arrest because he failed to appear then the time limit issue shouldn't affect proceedings as information has been laid with the court within the 6 months time limit.

barspeed

The summons to appear in court was served at the man's address but no confirmation was received. On the date of the hearing he failed to attend, it was at this point the CPS lost the file and failed to inform the Police that they could arrest the man to 'make' him attend court through being in custody to answer the two motoring offences. Having lost the file, then later finding it, not liaising with the Police over the matter etc etc the period between the accident and the CPS realising the mistake, six months had passed, therefore the CPS said they could not take any action against the man and the police were in no position to arrest him as a warrant could not be legally issued because of the stat time limit.

I am still waiting for any payout for personal injury, they offered me £2000 for neck, shoulder and back injuries, they offered the same to my Mrs for a stiff neck and a grazed knee in the same accident. The CPS seem think I will go away, what I wanted was justice against a man who bought a scrap car from a reclaimation yard and drove it across three counties whilst uninsured and untaxed and eventually crashed into me. If I cant get justice from him I want it from the CPS in the form of redress for the mistakes they have made.

rev_henry

Have you tried suing the offender for your own losses?

barspeed

Had crossed my mind, but as I have no idea of his location also summons would probably be treated with same contempt as one sent by the police or the cps?

rev_henry

barspeed wrote: »

Had crossed my mind, but as I have no idea of his location also summons would probably be treated with same contempt as one sent by the police or the cps?

If you could find where he lives, when he ignores the summons you can apply for bailiffs to be sent round to take his nice plasma TV etc to sell at auction. If this doesn't work then you can be a little happier knowing you've ruined his credit rating with a CCJ.

barspeed

All very good, but do really think a Polish man who drives across three counties in a former scrap yard car with no T&T, tries to leave the scene twice and gives the police a questionable address really cares about a CCJ? If I knew his address I would have stalked him, found out what he drove, found out where he worked. I would have poured concrete into any orifice of his car and then informed his work mates he was a sex offender in a back to work programme...:T

rev_henry

barspeed wrote: »

All very good, but do really think a Polish man who drives across three counties in a former scrap yard car with no T&T, tries to leave the scene twice and gives the police a questionable address really cares about a CCJ? If I knew his address I would have stalked him, found out what he drove, found out where he worked. I would have poured concrete into any orifice of his car and then informed his work mates he was a sex offender in a back to work programme...:T

Oh he's one of those is he...

dzug1

barspeed wrote: »

All very good, but do really think a Polish man who drives across three counties in a former scrap yard car with no T&T, tries to leave the scene twice and gives the police a questionable address really cares about a CCJ? If I knew his address I would have stalked him, found out what he drove, found out where he worked. I would have poured concrete into any orifice of his car and then informed his work mates he was a sex offender in a back to work programme...:T

Then you are as evil as he is. Though maybe that smilie says otherwise.

barspeed

otherwise....