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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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#1
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I enquired about whether anyone was being prosecuted after a RTA (I
was not involved) and received the following response - "As for any prosecution I cannot say.I am sure if there is one you will read it in the local news as we cannot give this information from this office" Not knowing the procedures - is this reasonable, or am I being given the brush off ? Thanks Daytona |
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#2
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Daytona wrote:
I enquired about whether anyone was being prosecuted after a RTA (I was not involved) and received the following response - "As for any prosecution I cannot say.I am sure if there is one you will read it in the local news as we cannot give this information from this office" Not knowing the procedures - is this reasonable, or am I being given the brush off ? IIUC, the police do not take decisions on whether to prosecute - the CPS does. The CPS will, presumably, get the file, will look at it to see if it there is sufficient evidence and whether it is in the public interest (eg check that the police themselves behaved lawfully) and then will make a decision. I get the impression that the police officers involved will get to know (especially if the matter is not being prosecuted because of their mistakes) but otherwise it is basically out of their hands and most of them will only find out when it appears in the local paper... -- Sue |
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#3
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On Tue, 14 Nov 2006 12:30:09 +0000, Palindr?me
wrote: The CPS will, presumably, get the file, will look at it to see if it there is sufficient evidence I probably asked them the wrong question then, as I don't even know if it got to this stage. and whether it is in the public interest (eg check that the police themselves behaved lawfully) and then will make a decision. I've never understood 'public interest'. It seems to me as if it could be used in a discriminatory fashion. Isn't it a method of sidelining the courts ? Thanks Daytona |
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#4
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Daytona wrote:
On Tue, 14 Nov 2006 12:30:09 +0000, Palindr?me wrote: The CPS will, presumably, get the file, will look at it to see if it there is sufficient evidence I probably asked them the wrong question then, as I don't even know if it got to this stage. and whether it is in the public interest (eg check that the police themselves behaved lawfully) and then will make a decision. I've never understood 'public interest'. It seems to me as if it could be used in a discriminatory fashion. Isn't it a method of sidelining the courts ? I've only heard one side of the story - from CPS legal staff who seem to have a pretty low opinion of police officers (Doubtless the police officers have a similar opinion of CPS legal staff). But dropping relatively minor prosecutions so as not to expose the actions of the police officers concerned to legal scrutiny does seem quite a regular happening.. -- Sue |
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#5
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On Tue, 14 Nov 2006 14:30:27 +0000, Palindr☻me wrote:
dropping relatively minor prosecutions so as not to expose the actions of the police officers concerned to legal scrutiny does seem quite a regular happening.. Yes, a senior policeman told me that even serious cases can be in the balance in this respect. |
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#6
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In message ,
=?UTF-8?B?UGFsaW5kcuKYu21l?= writes But dropping relatively minor prosecutions so as not to expose the actions of the police officers concerned to legal scrutiny does seem quite a regular happening.. I have no view but another take on that could be that the CPS dont take it further because they know that police cock ups mean there is no way the case would be proven in court, so if that is the case why bother incurring the expense of taking it to court? -- John Boyle |
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