how long do cps hold files

[its_me_baby]

does any1 know how long the cps hold files on cases that are kicked out of court through lack of evidence. They said the file was destroyed in 2003 which means that it was only kept for 2yrs by my calculations.
My husband has just been sentanced and the cps brought up a previous case brought to court when asked to give further details he said the file was destroyed. What i find weird is he said my hubby was 19 at the time of the case which would have been end of 2001. i know that my hubby was just 18 when it happened and i think they lied 2 make the judge give my hubby a harsher sentance. Is there a way otherwise of me finding out as when my hubbys solicitor had a look through there old files it had been destroyed and they destroy there files once six yrs hav expired and it would have only just expired.

[New Judge]

With the exception of police cautions, only convictions can be "cited" in court to assist in sentencing. Cases which result in no conviction cannot be cited.

The CPS are not entitled to mention such cases. If they did, and if your husband believes it resulted in a harsher sentence, he has grounds to appeal against that sentence.

It is hard to imagine any judge allowing such action to take place, let alone being swayed by it to impose a harsher sentence.

[its_me_baby]

Thats the thing we don't understand the judge allowed it and we now have to wait till just b4 xmas till we'll know if the appeal has worked

[seatrout]

The CPS do not hold files when there is no conviction. Following a conviction files are usually kept for between 1 -2 years. The Police will keep details of the offence and the outcome on their system indefinately.

I doubt that mention of a previous acquittal would be mentioned in court and the Judge would not have been influenced by this