to think CPS don't go ahead with a prosecution unless they think they're going to get a conviction

(17 Posts)
mrsderbyshire Sat 01-Oct-16 06:18:20

Someone I know has recently been charged with a bad crime and is absolutely certain they are innocent and will get off when it goes to court and CPS have only charged her as it is 'procedure'

Aibu to think that CPS only charge if they think you are guilty and are going to get a conviction ?

Whatthefreakinwhatnow Sat 01-Oct-16 06:19:45

Yes; it they don't think they have a chance of securing conviction they won't proceed, it has to be in the public interest to do it because of the cost etc.

mrsderbyshire Sat 01-Oct-16 06:23:46

Her case is based on a her word or the victims word , there's no actual physical evidence apart from extensive police logs.
I keep telling her they must think beyond reasonable doubt she's done it or they wouldn't charge her .
She's refusing to get a solicitor

Skittlesss Sat 01-Oct-16 06:27:15

I've known CPS to refuse charge on cases I thought they'd run with and then charge on others that seemed to have less evidence. I work for the Police on their charge cases.

She needs legal assistance. The case will be going to court and if she intends on pleading not guilty she will stand trial.

Skittlesss Sat 01-Oct-16 06:28:24

A lot of my cases are historical and word on word. It's up to the jury to decide who they believe.

mrsderbyshire Sat 01-Oct-16 06:33:17

Can you still get legal aid for criminal cases ?

myownprivateidaho Sat 01-Oct-16 06:36:09

Here's the test for whether to go ahead with prosecution - www.cps.gov.uk/publications/code_for_crown_prosecutors/codetest.html
I agree your friend should seek legal advice. However, if she is innocent hopefully this will come across in court.

BoomBoomsCousin Sat 01-Oct-16 06:49:48

Your friend should definitely seek legal advice. The CPS don't have to be certain of winning, but they need a realistic chance of winning and their conviction rate is pretty high (over 80%, IIRC, in 2012). Even if it's just a formality, a criminal case in court really needs a solicitor telling you what's going on, how to present yourself and what the consequences of any choices are.

BoomBoomsCousin Sat 01-Oct-16 06:54:12

And yes, your friend can get legal aid for criminal cases if they qualify. See: www.gov.uk/legal-aid/how-to-claim

mrsderbyshire Sat 01-Oct-16 06:54:25

Her charge is of racially aggravated assaults. She says she didn't do them and has a witness who can 'confirm' where she was at the time they happened .
The problem with her witness is , he has been done for harassing the victim and has recently been spoken to about wasting police time as he made a false accusation to the police about the victims partner .
It's not looking good is it

Tollygunge Sat 01-Oct-16 06:59:35

The cps will prosecute where it's in the public interest and if the case goes to court there is at least a 50/50 chance of securing conviction

trafalgargal Sat 01-Oct-16 07:09:18

All you can do is advise her that with biased witness as her only defence she doesn't have a strong case so should take legal advice. Ultimately she's an adult and it's her decision to make though.

CoYoAddict Sat 01-Oct-16 07:11:52

Is this in any way connected to this thread?

mrsderbyshire Sat 01-Oct-16 07:15:32

Coyoaddict no

CoYoAddict Sat 01-Oct-16 07:17:08

Okay, only it sounds like some convoluted version of the same thing but with the sexes switched, and there was another thread previously that also sounded like the same thing but from the victim's POV.

FedupofbeingtoldIcantusemyname Sat 01-Oct-16 08:38:50

Yes, I think that is exactly how it works OP. Well, they have to have a reasonable belief that they can get a conviction. At least that is why they told me they didn't prosecute my rapist - not enough evidence, which I did suspect in advance.

acasualobserver Sat 01-Oct-16 08:48:37

She's refusing to get a solicitor

Tell her this is a big mistake. And then step away - it all sounds a bit scummy to me.

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