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Can anyone answer a couple of questions about legal proceedings

5 replies

RepublicOfNarnia · 02/09/2022 21:28

If someone has been bailed to return to the police station they were arrested in after the 28-day period is that the time they'll decide if there's a charge to be bought and or if it'll end up in a caution, NFA or charge to then set a day in court?

If a person has accused another person of a crime but the accuser is not necessarily all that innocent themselves does this have any bearing on the outcome?

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MuthaHubbard · 02/09/2022 21:37

When answering bail the person could be bailed again (due to decision not made/further evidence needed) or charged/NFA. If charged, they will be told then what date their first appearance at court is.

Checks will be made on accuser and accused - so any previous Intel or conviction will be considered - ie if they have form for being dishonest. This is all considered as part of a case and disclosed accordingly to CPS etc

GretaVanFleet · 02/09/2022 21:39

Point 1, you’re right, they’re bailed for further enquiries to be made but they could also be bailed again.
Point 2, if they’re telling the truth and there’s evidence it won’t make a difference but sometimes people don’t want to assist with police enquiries after reporting someone.

RepublicOfNarnia · 02/09/2022 21:46

Thanks both for replying. If charged and it goes to court does that mean they (the police + CPS) think they have a pretty much open/shut case? If they accuser hasn't done themselves any favours, let's say by e.g. fabricating some allegations & evidence does that change things?

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MuthaHubbard · 02/09/2022 22:22

CPS will consider everything before making the decision to charge and they want to be very sure
Eg - if they review evidence and decide it's not adding up/there isn't anything, they won't authorise a charge - basically they want some proof that there is a case there that they can confidently proceed with. They may not make a decision straight away and want police to do more digging, look into the evidence in more detail. Anything made up or fabricated, if proven, will be passed to CPS again for them to decide.
Charging decisions can sometimes take months - ie mobile phone examinations can take ages to come back.
If after charge it was discovered evidence wasn't true, the case would be discontinued.
If it was found that the accuser had made false allegations before or fabricated evidence, cps would seriously consider this in their decision making

RepublicOfNarnia · 02/09/2022 22:41

@MuthaHubbard Thank you so much! Who knew these things could be so drawn out!!!

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