Police/legal procedures

Author
Discussion

Greendubber

13,168 posts

203 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
Do you think that is the fault of -

(a) the CPS lawyer, or
(b) someone else?
In my experience its the CPS, they look at the file about 5 minutes before the hearing.

Pointless!

XCP

16,909 posts

228 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
I spent a chunk of the first or year or so of the Coalition advising the Coalition on how they could get out of various previous Gov commitments to build prisons. Go, as they say, figure.
Why? do you want more criminals walking the streets?

anonymous-user

54 months

Thursday 26th November 2015
quotequote all
Greendubber said:
Breadvan72 said:
Do you think that is the fault of -

(a) the CPS lawyer, or
(b) someone else?
In my experience its the CPS, they look at the file about 5 minutes before the hearing.

Pointless!
You haven't read the exam question properly!

Whose fault is it that the CPS dude only gets the file five minutes before the hearing? I will drop some more hints.

Is it the fault of -

(a) the CPS dude for being bone idle*, or

(b) the Government that wants the whole system to run on a budget of ten quid?


* Some may indeed be bone idle, or at least demoralised and pissed off, but not all of them are bone idle (although many are pissed off).

Edited by anonymous-user on Thursday 26th November 18:18

anonymous-user

54 months

Thursday 26th November 2015
quotequote all
XCP said:
Breadvan72 said:
I spent a chunk of the first or year or so of the Coalition advising the Coalition on how they could get out of various previous Gov commitments to build prisons. Go, as they say, figure.
Why? do you want more criminals walking the streets?
Er, no. You have missed my point by about ten billion miles. I want the opposite. At work, I am a taxi on the rank (I am surprised at how few police officers seem to be aware of the cab rank rule). I do not choose which side I get to be on. In real life, I am allowed to have opinions, and in my opinion the under resourcing of the police, criminal justice system, and prison service, er, sucks.

Greendubber

13,168 posts

203 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
You haven't read the exam question properly!

Whose fault is it that the CPS dude only gets the file five minutes before the hearing? I will drop some more hints.

Is it the fault of -

(a) the CPS dude for being bone idle*, or

(b) the Government that wants the whole system to run on a budget of ten quid?


* Some may indeed be bone idle, or at least demoralised and pissed off, but not all of them are bone idle (although many are pissed off).
Thats not really any of my business to be fair. They're doing a crap job, letting down victims and generally being crap.

anonymous-user

54 months

Thursday 26th November 2015
quotequote all
As a citizen, it might be your business. How can they do a good job without adequate resources?

PS: why say "to be fair" while being the opposite?

Greendubber

13,168 posts

203 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
As a citizen, it might be your business. How can they do a good job without adequate resources?

PS: why say "to be fair" while being the opposite?
It may well be but in recent years I have been to court numerous times and either watched the OIC explain the case to the person who is supposed to be prosecuting outside the court room or been asked 'what have we got then' when I am there as a witness.

My partner works in a department that deals with high risk domestic violence victims and 'CPS' is almost a swear word in their office. From the out of hours advice to the 'prosecutors' that dont know whst day of the week it is.

I am aware that they have no money but most of the prosecutors around my way couldnt fight sleep let alone fight for a victim in a court.

XCP

16,909 posts

228 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
Er, no. You have missed my point by about ten billion miles. I want the opposite. At work, I am a taxi on the rank (I am surprised at how few police officers seem to be aware of the cab rank rule). I do not choose which side I get to be on. In real life, I am allowed to have opinions, and in my opinion the under resourcing of the police, criminal justice system, and prison service, er, sucks.
Apologies. Another reason I couldn't be a Barrister. ( Apart from too thick, too old and couldn't afford it).

Elroy Blue

8,686 posts

192 months

Thursday 26th November 2015
quotequote all
Breadvan72 said:
Do you think that is the fault of -

(a) the CPS lawyer, or
(b) someone else?
We are in total agreement regarding the damage done to the Justice system. However, when you're sat in the Court building and find out the CPS lawyer is trying to set aside the case because 'you haven't turned up', it does tend to cloud your judgement.

As it turned out, the case failed because CPS hadn't met disclosure time scales. They were just trying to cover up their mistakes and put the blame on me.

XCP

16,909 posts

228 months

Thursday 26th November 2015
quotequote all
Aren't they supposed to tell the truth and all that sort of thing?

Greendubber

13,168 posts

203 months

Thursday 26th November 2015
quotequote all
XCP said:
Aren't they supposed to tell the truth and all that sort of thing?
I was recently called in to my skipper as some evidence me and my partner was 'picked up by CPS' as not being very good. We had told the CPS prior to going into court that our evidence was some 5 hours previous to the matter the defendant was in court for so do you really need us. It seems that he hadnt picked up on the time difference even after we told him.

Brilliant, blame me because you called the wrong officers biggrin

XCP

16,909 posts

228 months

Thursday 26th November 2015
quotequote all
Greendubber said:
I was recently called in to my skipper as some evidence me and my partner was 'picked up by CPS' as not being very good. We had told the CPS prior to going into court that our evidence was some 5 hours previous to the matter the defendant was in court for so do you really need us. It seems that he hadnt picked up on the time difference even after we told him.

Brilliant, blame me because you called the wrong officers biggrin
Whereas it used to be more the case of 'call everyone', and then decide the batting order in the corridor outside court. ' Oh I don't need you' was annoying in the middle of a week of nights to put it mildly.

Dibble

12,929 posts

240 months

Thursday 26th November 2015
quotequote all
XCP said:
I hope you received it at more than the usual £1 a week.
I got £450 in three chunks over about 9 months. The rest I got from CICA (they awarded me the full £1,250, but then take off anything actually paid so you don't get double).

My best one for a Police assault was £50 compo. I got one cheque a couple of years after. For 15p.

XCP

16,909 posts

228 months

Thursday 26th November 2015
quotequote all
Maybe the OP could include the opening of the envelope in his story!

Cat

3,019 posts

269 months

Thursday 26th November 2015
quotequote all
grumpyscot said:
Of course, it depends on where the person is arrested as to what laws apply! If in Scotland, for example, you're not entitled to lawyer until you've been charged. Plus, you can't be arrested "on suspicion" or on a single piece of evidence. And to cap it all, PACE doesn't apply! And, there's no crime of trespass in Scotland (which is why Scotland has a different version of the Lord's Prayer!)

Interesting if you plan a cross-border crime!

N Ireland has other differences.
Some of this is no longer correct, some of it has never been correct.

"You're not entitled to a lawyer until you've been charged" is not correct. Prior to the Cadder ruling an arrested or detained person in Scotland had the right to have a solicitor informed of their arrest/detention and of the Police station where they were being held. They also had a right to a private consultation with a solicitor prior to any court hearing but not before interview. Post Cadder an arrested/detained person has the right to a private consultation with a solicitor prior to or during any interview.

You are correct that you can't be arrested "on suspicion" of an offence but you can be detained which is effectively the same thing.

You can be arrested on a single piece of evidence e.g. see the common law powers of arrest for a constable. However a person shouldn't be charged or convicted unless there is corroboration of the key facts (there are a few statutory exceptions to the requirement for corroboration).

The Criminal Justice (Scotland) Bill is likely to change the current arrest/detention setup in Scotland in the not to distant future to bring in arrest on suspicion in a similar way to E&W.

Cat

Twilkes

Original Poster:

478 posts

139 months

Thursday 26th November 2015
quotequote all
Boy, that escalated quickly.

Maybe what I'll do, once I've got the scene written, is post a redux of it and let you pick it apart.

Thank you for DJB's detailed answer, and to the Scots for pointing out that things are different there, as it could well end up in an episode of Balamory.

SLCZ3

1,207 posts

205 months

Friday 27th November 2015
quotequote all
Breadvan72 said:
I spent a chunk of the first or year or so of the Coalition advising the Coalition on how they could get out of various previous Gov commitments to build prisons. Go, as they say, figure.
So, any change with the change of ruling party???scratchchin