Advice please on CPS Recomendation for Benefit Fraud

[FantaCan]

I am working, and so is my husband (both self employed) yet on a low wage so we were eligible to claim housing benefit. The council did a review and decided that we had been over paid over the past three years and I was called in to an interview under caution. I paid a legal advisor to come with me, it didn't really help though as the fraud team recommended to the CPS that I be prosecuted at the beginning of September. I still haven't received anything back from the CPS to say whether or not they will be prosecuting me though and it's been 19 weeks.

I 100% believe I haven't done anything wrong. I dispute the over payment, and while I agree that I did fail to report a change of circumstances 3 years ago! these circumstances wouldn't have affected my claim anyway. The whole thing is ludicrous.

I've done a lot of reading and if you do go to the Crown Court then it is only because the CPS are quite sure they can prosecute you. But I'm innocent.

I can only find one instance on the internet of someone being found not guilty though.

I feel I'm being stitched up and there's no way for me to avoid the total humiliation of going to court, and the very real possibility of going to prison.

Does anyone here know anyone who was found not guilty?

Does anyone know how long it should take for the CPS to decide if you are going to be prosecuted?

[prh47bridge]

Whilst most cases result in a conviction there are hundreds of acquittals (i.e. not guilty verdicts) every year. Even where the accused is convicted, prison is rare.

On average it takes 9 days from the CPS receiving a case file to deciding whether or not to prosecute. They don't seem to collect statistics on the longest delays. 19 weeks is a very long time to have this hanging over you.

[FantaCan]

Thank you prh47bridgbe for your reply. You have brought me some comfort. As you can imagine it's been 19 weeks of hell.

[RedHelenB]

I may be wrong but as I understand it if you havent gained any monetary advantage by failing to declare a change in circumstances then you wont be prosecuted.

[FantaCan]

RedHelenB that's what I thought too. I was flabbergasted to receive the notice about being recommended for prosecution as I thought it was all a fuss over nothing in the interview under caution. This has been a living hell. I live in a tiny community and I'm an active leader in several community groups. If this does go to court my reputation will be in tatters.