Quizzes & Puzzles1 min ago
CPS failed to produce paper work on time TWICE
The police were taking someone to court for burglary but the CPS failed to produce the paper work on time TWICE and the case was thrown out because of this. Is this the end of it or can the person be brought back again for re trial and also can the CPS be prosecuted?
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Hi Debee
I'm posting here because (over in CB) you specifically asked me to. The problem is that I'm not 100% sure of my answer.
Firstly (the confident bit), the CPS can't be prosecuted because of their failures.
To the best of my knowledge, a case being thrown out (rather than the defendant being acquitted) doesn't theoretically rule out further court action. However
(i) it's extremely unlikely that any such action would be taken; and
(ii) any such action would probably be subject to a challenge for 'abuse of process' and likely to fail.
(As I typed that sentence my brain was screaming out: "Barmaid, please help! I think I know what I'm writing about but I'm not really sure"!!).
OK, I've complied with your request (and answered as best as I can) but my legal knowledge is based upon a great deal of reading (of dusty old books in libraries and also from reliable websites) plus some court reporting for local rags. I've never really come across the type of problem you refer to. Keep your fingers crossed for a contribution from Barmaid!
Chris
I'm posting here because (over in CB) you specifically asked me to. The problem is that I'm not 100% sure of my answer.
Firstly (the confident bit), the CPS can't be prosecuted because of their failures.
To the best of my knowledge, a case being thrown out (rather than the defendant being acquitted) doesn't theoretically rule out further court action. However
(i) it's extremely unlikely that any such action would be taken; and
(ii) any such action would probably be subject to a challenge for 'abuse of process' and likely to fail.
(As I typed that sentence my brain was screaming out: "Barmaid, please help! I think I know what I'm writing about but I'm not really sure"!!).
OK, I've complied with your request (and answered as best as I can) but my legal knowledge is based upon a great deal of reading (of dusty old books in libraries and also from reliable websites) plus some court reporting for local rags. I've never really come across the type of problem you refer to. Keep your fingers crossed for a contribution from Barmaid!
Chris
Thanks very much Chris for the promt reply.
It actually is me who was burgled by a neighbour. She broke into my home, damaged everything and stole many items. The amount was about �3000 and I was hoping to seek some sort of compensation as stupidly not having home insurance. It just seems she has got away scott free. I am not getting any answers from the police right now though they do seem to be peeved off with the CPS as their tie has been wasted. I am just wondering what else if anything I can do.
You do seem to have gained much knowledge and enjoy reading your answers.
Many thanks once again and hopefully barmaid will be able to enlighten me a little more.
It actually is me who was burgled by a neighbour. She broke into my home, damaged everything and stole many items. The amount was about �3000 and I was hoping to seek some sort of compensation as stupidly not having home insurance. It just seems she has got away scott free. I am not getting any answers from the police right now though they do seem to be peeved off with the CPS as their tie has been wasted. I am just wondering what else if anything I can do.
You do seem to have gained much knowledge and enjoy reading your answers.
Many thanks once again and hopefully barmaid will be able to enlighten me a little more.
Thanks for the reply
If you suffer loss or damage through the deliberate actions (or negligence) of another person you always have the right to demand compensation from them and, if necessary, to pursue them through the courts for such compensation. Any such court action would be a civil matter where the burden of proof is much lower than it is in a criminal court. (i.e. you wouldn't have to prove 'beyond reasonable doubt' that your neighbour stole your property, you'd only have to show 'based upon the balance of probabilities' that your neighbour owed you compensation).
Whether it's worth pursuing civil action depends largely upon your neighbour's ability to pay. If she's an unemployed drug addict, with no money, you can get as many court orders as you like but you still won't get a penny. Even if she's got money it could still be hard to get her to pay up.
If you want to consider civil action, your best course is to consult a solicitor. If you want to try a 'DIY' approach, your first step would need to be a formal letter to your neighbour (sent by recorded delivery or handed over in the presence of an independent witness) demanding that she pays you the money which she owes you as compensation for the burglary. The letter should state that if she doesn't pay the money within a certain period of time (perhaps 28 days) you will take court action.
If she doesn't pay up, you'd need to initiate a formal claim through the courts. See here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm
If you got a court order against her, and she still didn't pay up, you'd have to seek enforcement of the judgement. See here:
http://www.hmcourts-service.gov.uk/infoabo
If you suffer loss or damage through the deliberate actions (or negligence) of another person you always have the right to demand compensation from them and, if necessary, to pursue them through the courts for such compensation. Any such court action would be a civil matter where the burden of proof is much lower than it is in a criminal court. (i.e. you wouldn't have to prove 'beyond reasonable doubt' that your neighbour stole your property, you'd only have to show 'based upon the balance of probabilities' that your neighbour owed you compensation).
Whether it's worth pursuing civil action depends largely upon your neighbour's ability to pay. If she's an unemployed drug addict, with no money, you can get as many court orders as you like but you still won't get a penny. Even if she's got money it could still be hard to get her to pay up.
If you want to consider civil action, your best course is to consult a solicitor. If you want to try a 'DIY' approach, your first step would need to be a formal letter to your neighbour (sent by recorded delivery or handed over in the presence of an independent witness) demanding that she pays you the money which she owes you as compensation for the burglary. The letter should state that if she doesn't pay the money within a certain period of time (perhaps 28 days) you will take court action.
If she doesn't pay up, you'd need to initiate a formal claim through the courts. See here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm
If you got a court order against her, and she still didn't pay up, you'd have to seek enforcement of the judgement. See here:
http://www.hmcourts-service.gov.uk/infoabo
Thanks for all this Chris it is very helpful. The problem is she is on benefits with five kids, three who take cocaine on a regular basis so to try and get any oney out of her in a civil court would probably be a no go situation.
I have had to leave my home because of this and am in temporary accomodation. I am severly depressed and d not feel I can return.
I just cannot understand why the CPS didn't have all the paper work especially second time around when they said they were ready for the case to go back to court and to think there is nothing more I can do plus the CPS cannot be prosecuted is daunting. Do they at least have to explain their mistakes?
I have had to leave my home because of this and am in temporary accomodation. I am severly depressed and d not feel I can return.
I just cannot understand why the CPS didn't have all the paper work especially second time around when they said they were ready for the case to go back to court and to think there is nothing more I can do plus the CPS cannot be prosecuted is daunting. Do they at least have to explain their mistakes?
Thanks again for your response. Unfortunately the old adage that you 'can't get blood out of a stone' holds true. Even if your neighbour had been successfully prosecuted the court might not have made a compensation order, simply because the court was aware that your neighbour could never pay it. Even if an order was made, your neighbour might still have defaulted. That would leave her liable to further court action but it wouldn't help you.
If you want to make a formal complaint against the CPS, see here:
http://www.cps.gov.uk/publications/communicati ons/complaints.html#_08
In the first instance your complaint should be sent to the relevant local CPS office. Contact details are here:
http://www.cps.gov.uk/local/
Chris
If you want to make a formal complaint against the CPS, see here:
http://www.cps.gov.uk/publications/communicati ons/complaints.html#_08
In the first instance your complaint should be sent to the relevant local CPS office. Contact details are here:
http://www.cps.gov.uk/local/
Chris
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