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Original poster

police dropped all charges against abusive ex. What now?

91 replies

threeleftfeet · 29/05/2012 21:57

My good friend (she's siting here with me) has an abusive, violent, unstable ex. She left him, and he harassed her with sometimes as many as 50 phonecalls / texts a day, many threatening.

She went to the police and they were sympathetic.

They typed out all the texts from him on her phone. They arrested him and took his phone.

They bailed him and told him not to contact her, and she waited for a court date. What she wants is so feel safe from him.

When the court date was due, she heard form the police - via an answerphone message on her phone - that they hadn't managed to get sufficient evidence against him, the CPS had dropped it - despite them having his phone - and so all charges have been dropped. They have given him back the same phone he used to harass her on before, and he's started up again, although so far the texts are more in the vein of "I will always love you and forgive you for what you've done to me" (i.e. calling the police because he was harassing her). She's told the police he's contacting her again and they said she has to start from scratch with a new accusation of harassment.

She's scared of him and living looking over one shoulder when she goes out. He doesn't know where she lives but they're in the same town.

She doesn't understand how they could have his phone and not find evidence. And if he'd deleted all the messages surely they could ask the network provider, or access deleted messages from the phone itself (they told her they would do this)?

They've advised she go for a civil non-molestation order, but she can't afford it.

This isn't right, surely. Can anyone offer any words of advice?

OP posts:
Original poster
threeleftfeet · 29/05/2012 22:42

Is it possible the police simply didn't do their job properly, and failed to record the evidence - and if so, what then?

OP posts:
ThatVikRinA22 · 29/05/2012 22:44

the police have not dropped the charges - the CPS have decided it doesnt pass the threshold test or is not in the public interest to pursue.
the police gather evidence and put it to the CPS for a charging decision.

if your friend does not understand she needs to speak to the OIC (sorry, officer in the case) for the full explanation.

but she cannot hold the officer involved responsible - they do as they are asked and the decision in something like this lies not with them.

Longtalljosie · 29/05/2012 22:46

The thing about a caution though is the person has to accept it - and admit they are in the wrong.

Meglet · 29/05/2012 22:46

I wonder if some forces take domestic abuse less seriously than others. Mine were brilliant.

Original poster
threeleftfeet · 29/05/2012 22:46

Something has gone wrong somewhere along the line here.

Can you appeal a CPS decision? Or at least get an explanation of their reasoning?

OP posts:
Original poster
threeleftfeet · 29/05/2012 22:49

Meglet they did seem to take it seriously. They were very sympathetic, so this has been a real shock.

OP posts:
Original poster
threeleftfeet · 29/05/2012 22:51

How do the CPs decide what's in the public interest?

OP posts:
Original poster
threeleftfeet · 29/05/2012 22:52

"but she cannot hold the officer involved responsible - they do as they are asked and the decision in something like this lies not with them."

I was suggesting perhaps they didn't do their job - perhaps they didn't collect the evidence. Then, the responsibilty would be theirs.

OP posts:
ThatVikRinA22 · 29/05/2012 22:59

you have to collect all the evidence to put to the cps - if they feel something is missing they ask for it - they often send you off on futile missions to collate yet more statements or whatever only then to still tell you its going no where.

i get so very very pissed off with these speculative threads because all it would take OP is one bloody phone call to the officer in case to ask for clarification, but why do that when the wisdom of MN is here because they all have absolute and unfaltering knowledge of
A) the police and how shit they are
B) the CPS, and how shit the police are
C) how shit the police are

am hiding this anyway - thought i could be of use but these threads just raise my blood pressure and ive enough of my own cases that i am fighting to get through CPS to worry about this one that isnt mine - and no doubt then the complainants on mine can start threads complaining about how shit the police are, how they havent done their job, how they are probably just crap and forgot some evidence somewhere, or something.

Olympia2012 · 29/05/2012 23:00

It's costly I guess, maybe that comes into it.

Original poster
threeleftfeet · 29/05/2012 23:00

VicarInaTutu, I hope I catch you before you hide this thread ...

OP posts:
MissKeithLemon · 29/05/2012 23:02

To be honest Op, no-one here can answer those questions can they? Your friend needs to contact the police as advised and ask them what has happened.

Speculating about the whys and wherefores of why the CPS dropped the case is not going to help her.

Changing her number and contacting the police again will.

Original poster
threeleftfeet · 29/05/2012 23:05

You sound to me like you're suffering stress in your job (I expect this isn't news to you.)

However your attitude is really not very caring, in fact it's agressive, and is directed towards someone who has is feeling pretty vulnerable, and who you should be protecting - if you are indeed a police officer!

She may not feel very confident about phoning the police and challenging them for more information.

I would like to support her in her next steps. I am trying to ask for help from other people who may have more experience of this, as knowledge is a good thing - before doing this.

We do intend to call the officer, but I want to understand how it works first.

Your attitude has really narked me. I do hope you don't deal directly with the public. If you do, I suggest you take some time out and think about how you deal with potentially vulnerable people.

OP posts:
bogeyface · 29/05/2012 23:07

THe CPS routinely drops cases that they believe have little or no chance of a conviction, hence why the rape conviction rate in this country is so low :(

It is unlikely that the officer/s involved didnt do their job. It is very likely that they did and are now just as pissed off at you that the CPS has decided (for reasons known only to themselves) that it isnt worth proceeding with.

Original poster
threeleftfeet · 29/05/2012 23:08

Thank you bogeyface, that's interesting to know.

How do the CPS assess whether something is in the public interest?

OP posts:
bogeyface · 29/05/2012 23:10

three I think you are being ufair to vicar. I have a good friend who is a rape officer in the Met, and she gets blamed when cases dont make it to court. It really gets her down because she and her colleagues do everything thy can to get the evidence only for the CPS to drop the case, because it is unlikely to get a conviction. They base that on the low conviction rate for rape, and that is because.............the CPS drop cases because they are unlikely to get a conviction based on the conviction rate for rape, because.........and so on.

It isnt the police fault that the CPS are useless.

bogeyface · 29/05/2012 23:13

How do the CPS assess whether something is in the public interest?

The best man at our wedding is a DI working in child protection (cant remember the exact name) and deals with paedophiles, abusers, neglecters etc and I once saw him cry when a child was returned to an abusive parent because the CPS dropped a case through "lack of evidence". They got convicted eventually, but only after the child when through more suffering :(

bogeyface · 29/05/2012 23:14

went, not when

WetAugust · 29/05/2012 23:14

I think you'll find that Vicarinatutu is actually a very caring person. That's partially why she joined the Police in the first place.

You have no right of appeal against a CPS decision not to proceed to prosecution.

I've reported a serious assualt on my son (visible injuries), the perpetrator was charged but the CPS decided not to prosecute because of lack of eveidence - it was an assault behing closed doors with no witnesses in the room.

The barrier for prosecution is set quite high. The CPS must be confident that prosecution is in the public interest and that they have realistic prospect of securing conviction.

Original poster
threeleftfeet · 29/05/2012 23:15

I don't think it's the police's fault the CPS are useless.

However the police themselves can also be useless sometimes. (I come from a part of London where the police were exposed as being massively corrupt, for example).

I found vicar's comments agressive and unsympathetic.

I'm not saying that I think the police messed up, but it's surely a possibility? (One of many).

OP posts:
Olympia2012 · 29/05/2012 23:15

Kind of puts a bit of perspective on it.... A few abusive texts is a long way off a rape or child abuse.

Olympia2012 · 29/05/2012 23:16

Ffs! Do their job for a DAY before you have a go!

bogeyface · 29/05/2012 23:16

I dont agree that they were agressive and unsympathetic.

The problem is that you and she are both frustrated at the same thing, but from different points of view.

Original poster
threeleftfeet · 29/05/2012 23:17

Assuming it is the CPS which have chucked it out, what would you suggest my friend does in these circumstances to get him barred from contacting her?

OP posts:
bogeyface · 29/05/2012 23:18

Olympia, I used that as an example of how the CPS get it wrong, not to compare to the OP. Harrassment cant be very frightening, and shouldnt be underestimated.