Appealing a CPS prosecution decision
Discussion
Hi,
A friend was assaulted recently he was left with a broken thumb, concussion, bruising & more.
The CPS has just informed him that despite there being CCTV of the other person getting in the car there isn't enough evidence.
The victim reported the assault within 30 mins to police & went to hospital.
Police are saying other party reporting the victim started it.
Victim & assaulter are known to each other but haven't communicated in many years.
Do any of the lawyers etc on here have a template for how to frame such an e-mail/letter appealing to the CPS? Or any other advice?
On another note - Is this something that a civil claim could be bought for?
A friend was assaulted recently he was left with a broken thumb, concussion, bruising & more.
The CPS has just informed him that despite there being CCTV of the other person getting in the car there isn't enough evidence.
The victim reported the assault within 30 mins to police & went to hospital.
Police are saying other party reporting the victim started it.
Victim & assaulter are known to each other but haven't communicated in many years.
Do any of the lawyers etc on here have a template for how to frame such an e-mail/letter appealing to the CPS? Or any other advice?
On another note - Is this something that a civil claim could be bought for?
Edited by iwantagta on Thursday 23 May 16:40
Edited by iwantagta on Thursday 23 May 16:44
Unless you're at a level where you're going to be going to specific legal details around the evidential test etc, I don't think you need to worry too much about how you trigger the Victim's Right to Review Scheme. If you end up at the independent review stage the whole thing will be reviewed from scratch according to the evidential / public interest test by a fresh lawyer.
It's more important to do it as quickly as possible.
Remember the CPS need to prove something beyond reasonable doubt which is a high threshold so the evidence will need to be clear.
It's more important to do it as quickly as possible.
Remember the CPS need to prove something beyond reasonable doubt which is a high threshold so the evidence will need to be clear.
iwantagta said:
Thanks La Liga - suspected as such.
A civil prosecution has a lower evidence requirement is my understanding - could this be bought or do you think its a waste of time.
It's judged on the balance of probabilities i.e. more likely than not. A civil prosecution has a lower evidence requirement is my understanding - could this be bought or do you think its a waste of time.
I don't think you'll be able to provide enough detail to make an assessment. It's not my area of competence, either.
Perhaps you can find some local solicitors and see if they do a free consultation / assessment to see where things stand.
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