Case dropped

[Johanna8]

Short story: Ex arrested last summer for coercive behaviour. Police put the case to the CPS re. an assault during a particularly harrowing night. I have just been informed by the police that the case is not going ahead as the statute of limitations has been reached. I knew nothing about this so had to Google it. Apparently for assault cases seen at the magistrates court, so deemed less serious, there is a time limit of 6 months and if the case is not followed up by the CPS within this time then it doesn’t go ahead. This seems really unfair. Does anyone know how common this is? Surely systems should be in place to prevent this mistake from happening? Do I have any right to reply or is that it?

If the assault cannot be considered anything other than common assault, then they cannot proceed with prosecution. The law does not allow for summary only offences like common assault to be prosecuted after more than 6 months except in very rare instances.

You could ask them to consider if it's actually a more serious case and could be prosecuted as ABH or something else that isn't summary only, and so doesn't have the 6 month time frame (though there is still a requirement with all prosecutions for it to be timely). There is a Victims Right to Review but I have no idea how satisfying or useful a process it is.

There is an understanding that the 6 month limit is a hindrance to justice in domestic abuse cases because women often delay telling the police. There is Bill going through parliament to change that (see here) but this isn't law yet.

If you told the police about the assault close to the time it happened and it's the investigation and decision making that has delayed things past the allowable time frame you should make an official complaint. You should be able to do that either by contacting the station who handled the case or via the Independent Office for Police Conduct.

And I'm really sorry this happened to you. Hope you have been able to move on regardless.

@NumberTheory. Many thanks for taking the time to reply. Yes, the incident was reported to police within the same week last Summer. The detective informed me today that it was a mistake by CPS for allowing the 6 month deadline to lapse. The particular incident (although there were many) was terrifying for me and my oldest child who woke up when I was being attacked. I understand this is common assault but am flabbergasted the case can’t go ahead. I even secretly recorded the incident on my phone (audio) so there is evidence of me being hit, pictures smashed and death threats were explicitly made towards me and to our children. The police also took a photo of the bruising on my arm. However I was surprised to discover today that the recording was not submitted as evidence because the police were reluctant to pay the cost of a translator as my ex was ranting and screaming in a foreign language. I had been under the impression it had been submitted. A restraining order is in place due to my ex breaking conditions after his initial arrest and texting me, but this order finishes in a few months and I am terrified he will then be able to see the children despite the threats as the assault case has now been dropped. I had been counting on this case going ahead so that my children would be safe.

That is terrifying Johanna. I'm so sorry you experienced that. Did you believe he might try to kill you when made those threats? Because threats to kill is not subject to the 6 month time limit. If you truly thought he might kill you and you told the police that at the time I would make a formal complaint to the police that they did not investigate properly or appropriately & did not follow up with CPS in a timely matter regarding the assault charge and a complaint to CPS that they let the common assault time out.

It's possible the police will follow up with the threats to kill charge, though I wouldn't hold out much hope.

You might also consider talking to your MP. Which won't bring your ex to justice but may increase pressure on your force and CPS to take domestic violence more seriously.

The courts have awful delays because of government cuts and this is the outcomes - cases get dropped.

do talk to your MP and tell them that justice needs to be prompt. Cases that take too long and then are dropped are a failure of the system.

twitter.com/BarristerSecret writes about this as a general problem with the courts system in the UK (among other things)

What were you hoping for from the criminal case in terms of keeping your children safe? You may be able to get some form of civil relief (an injunction of some sort) without it. Do you have any form of domestic abuse support specialist you can ask advice from? If not, have you tried Women’s Aid (I know they get suggested a lot on MN, my understanding is they are great in some instances and stretched to thin in others, but worth a try if you need some support to find a way to keep your ex away).

@NumberTheory. Thank you. Yes, I genuinely believe he is capable of carrying out his death threats. There is also the threat of kidnapping the children, who he views as his possessions, and taking them to his country as he has nothing in the UK. I know I will have to get legal help for this. A few days before the last incident he said he would do something so bad it would make the news. His erratic and volatile behaviour is partly down to alcohol abuse and possible pill taking. He becomes psychotic and begins howling and screaming. This is when he is at his most dangerous. I wanted us to have more breathing space from him. I understand that the children and I are ‘lucky’ we have the restraining order, particularly for the children to be named on the order. This is apparently not so common. However, that period of time will be up before we know it so I know I will have to then seek legal help. This is difficult to articulate and difficult for others to understand but I didn’t want to go head to head with my ex. According to the police and the social worker assigned for a few months, he saw the authorities as the ‘enemy’ rather than me. He has always dismissed me as being stupid and ignorant. He would view the action of hiring my own lawyer as a challenge to him. I had hoped the restraining order could be extended with this case and the danger he poses would be made ‘official’ so that strict measures could be put in place if he demands to see the children in the future.

@parietal. Thank you. Yes, I think I will contact my MP, as this should not be allowed to happen. Possibly the CPS just didn’t want to touch this case with a barge pole! At one point the police got back to me to ask (apparently on behalf of the CPS) what I wanted to happen with the case. I asked for extra measures to keep my ex away from us for longer than the restraining order period and did suggest some sort of course whereby he would have the opportunity to reflect on how damaging his behaviour has been. He has never expressed remorse in all the years. It is always my fault. Maybe this was too ‘wish washy’ for the CPS!

Justice delayed is justice denied

Not much help to the OP, but a good maxim to bear in mind, and another reason to remember we may have "law" in the UK, but "justice" is another thing.

Hi Op, I'm really sorry for what you went through 💐

did they not even think to give him a caution? surely they can't just let him walk away like that!

They can only give him a caution if he accepts it. Since he cannot now be prosecuted, there is no incentive for him to accept a caution.

Hi OP. If there was bruising the charge to seek should be ABH and not common assault.

Can I ask how you got the restraining order? Has he been charged with an offence before or did the order come about from this case?

Sorry this is happening to you.

Not necessarily. It depends on the extent of the bruising. CPS guidance is that minor bruising should be dealt with as common assault.