Mishandling of a case by Police

Yorkie1

bujin wrote: »

The CPS letter arrived 3 days ago, so we are certainly within the time frame to get it reviewed, I believe though that they can't use evidence that was available to the Police at the time the file was handed over to the CPS,but they chose not to use it.

Looking at the website I linked to earlier, you need to get your VRR request in to the CPS asap - the preliminary timescale is within 5 working days.

They review the entire file from scratch, no need for further evidence.

Master_Blaster wrote: »

OP, can you tell us what the missing allegation is? Not the circumstances just the alleged offence. You cannot do anything about the summary offences if the six month time limit had expired.
You maybe able to have the other two matters re investigated, the problem will lie with getting CPS to change their mind unless you can introduce fresh evidence it is unlikely they would change their mind.
I would certainly ask questions about the forth offence. There is no need to go straight to the IPCC. You can make a formal complaint straight to the force in question.

As above, there's no legal need for OP to introduce fresh evidence.

However, OP, when you seek the VRR, do mention the aspects when your daughter was in fear of violence, if that was the case, and ask whether the different ways in which the s.4A stalking offence may be committed were considered as part of the charging decision. If the s.4 or s,4A offences are accepted, there's no time limit.

It may not assist, but did you know that the 6 month limit starts from the last incident and not the first, so also have a think about when the stalking / harassing behaviour actually ended (if it has ended).

Here's the CPS guidance on the stalking / harassment offences.
http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/

bujin wrote: »

The missing allegation was the hacking offence, which the perpetrator used to seek information to harrass and intimidate the victim. He also used info he would only have known about by reading her private messages to keep her unsettled mentally as she obviously couldn't understand how he knew certain things. The perpetrator also sent messages to other males whilst logged onto her Facebook pretending to be her, to gain information about her from them. This was over a long period of time so certainly wasn't a singular event. As said we put a code on her facebook, but he overrode it and talked about this to her via text messages.

Just to add was the strange comment that the CPS made in the letter to my daughter saying, "as you are aware" there is a six month limitation. I wonder why they would think she knew this. Just makes me more suspicious that the Officer told them she knew, ...

It may be as simple as a badly written letter by the CPS, making incorrect assumptions. It may be that the police told the CPS that they had told your daughter that some elements were out of time.

TBH, I think it might help you to focus your energies on the other issues which you've identified about the investigation / CPS' decisionrather than speculating on this particular element.

bujin

Errata wrote: »

Why are you reluctant to employ a solicitor who will understand the law as opposed to your 'simple interpretation of it'?

Can't remember saying I was reluctant to employ a solicitor? Money would be a factor though.

bujin

Yorkie1 wrote: »

Looking at the website I linked to earlier, you need to get your VRR request in to the CPS asap - the preliminary timescale is within 5 working days.

They review the entire file from scratch, no need for further evidence.



As above, there's no legal need for OP to introduce fresh evidence.

However, OP, when you seek the VRR, do mention the aspects when your daughter was in fear of violence, if that was the case, and ask whether the different ways in which the s.4A stalking offence may be committed were considered as part of the charging decision. If the s.4 or s,4A offences are accepted, there's no time limit.

It may not assist, but did you know that the 6 month limit starts from the last incident and not the first, so also have a think about when the stalking / harassing behaviour actually ended (if it has ended).

Here's the CPS guidance on the stalking / harassment offences.
http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/



It may be as simple as a badly written letter by the CPS, making incorrect assumptions. It may be that the police told the CPS that they had told your daughter that some elements were out of time.

TBH, I think it might help you to focus your energies on the other issues which you've identified about the investigation / CPS' decisionrather than speculating on this particular element.

Thanks for these comments I have read them and they make a lot of sense in regard to our specific case. We were told in the letter that we need too try and send it back within 7 days but no later than 3 months.
I think you're right we certainly need to focus our energies now on what's salvagable. We have had a year and more of this and want it all over but can't let it go if only for other future victims. The reason my daughter suffered at his hands is because two previous relationships he had didn't tell anyone and are still too scared to come forward now, I don't blame them.
You and Master Blaster have given us some really good starting points to go from and more confidence in believing that the Stalking Harassment charges should have been looked at under the other provision of an either way offence. Of course to be fair to the Police, these cases are made less clear cut because of the nature of the relationships which occur around them which tend to be abusive relationships, where there's a lot of mental and emotional manipulation where the line betwen consent and coersion can sometimes be slightly blurred.

Yorkie1

Good luck OP.

Hope you and your daughter can find a way forward, whatever that eventually looks like.