Broken process?
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shouldbworking

Original Poster:

4,791 posts

234 months

Sunday 18th June 2023
quotequote all
I know someone who's accused of an offence where at the moment, the most likely outcome based off legal advice, similar cases and the limited evidence against them is that they'll be found not guilty or the case will be dismissed before reaching court.

At the point that happens, they'll have had their life on hold for 2 years, their mental and physical health shredded and their finances crippled by defence costs.

Even in the apparently unlikely event of a conviction the penalties for the offence are markedly less than what they've already been put through.

This doesn't seem right or fair. There are many aspects that rankle, but particularly in this instance, it's a case that is being pushed to the CPS by virtue of being a hot topic where the police need to be seen to act, rather than it having a realistic prospect of conviction - this a politically motivated policy implemented without consideration of how it is enacted or the lives it will ruin.

Is our justice system like the NHS? sounds alright on the surface but a closer look and the cracks appear and are plentiful?

siremoon

246 posts

121 months

Monday 19th June 2023
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shouldbworking said:
I know someone who's accused of an offence where at the moment, the most likely outcome based off legal advice, similar cases and the limited evidence against them is that they'll be found not guilty or the case will be dismissed before reaching court.

At the point that happens, they'll have had their life on hold for 2 years, their mental and physical health shredded and their finances crippled by defence costs.

Even in the apparently unlikely event of a conviction the penalties for the offence are markedly less than what they've already been put through.

This doesn't seem right or fair. There are many aspects that rankle, but particularly in this instance, it's a case that is being pushed to the CPS by virtue of being a hot topic where the police need to be seen to act, rather than it having a realistic prospect of conviction - this a politically motivated policy implemented without consideration of how it is enacted or the lives it will ruin.

Is our justice system like the NHS? sounds alright on the surface but a closer look and the cracks appear and are plentiful?
I sympathise but the CPS is a law until itself. I have a relative who was convicted of a relatively minor offence and fined by a magistrate. The CPS were furious as they believed it warranted a custodial sentence and so they launched a vendetta against him with a series of appeals against the sentence which went via a High Court judge, a Court of Appeal judge and ultimately ended up on the desk of the Lord Chief Justice. It was both ridiculous and vindictive given the nature of the offence and the CPS was criticised by all the judges involved for pursuing it so far even though technically it was their right to do so. One even said that the public interest would be best served by the CPS channelling their resources into prosecuting serious offenders rather than pursuing a minor offender so hard. Even the police thought it was totally OTT given the nature of the offence.

As to the system being broken. I don't know. Imo the police and the judges involved in the above case all acted fairly and reasonably and the CPS did not so from where I sit it seems the CPS is broken.


ChocolateFrog

34,954 posts

195 months

Monday 19th June 2023
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Trying to think of the hot topics.

Rapist, racist, white collar financial crime.

Alleged of course.

rlw

3,549 posts

259 months

Monday 19th June 2023
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The legal system, crime in particular, is in dire straits due to many years of underfunding. Courts are shut, not enough judges, barristers not taking on briefs because the fees are too low, solicitors dropping out of legal aid work as the fees are the same as they were about twenty years ago, four year waits to get a trial date.

Yes, you could say there is a problem.

kestral

2,123 posts

229 months

Monday 19th June 2023
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24 hr media and media opinion dressed up as news have had a massive influence on the way the CPS act now.


TooLateForAName

4,907 posts

206 months

Tuesday 20th June 2023
quotequote all
shouldbworking said:
I know someone who's accused of an offence where at the moment, the most likely outcome based off legal advice, similar cases and the limited evidence against them is that they'll be found not guilty or the case will be dismissed before reaching court.

At the point that happens, they'll have had their life on hold for 2 years, their mental and physical health shredded and their finances crippled by defence costs.

Even in the apparently unlikely event of a conviction the penalties for the offence are markedly less than what they've already been put through.

This doesn't seem right or fair. There are many aspects that rankle, but particularly in this instance, it's a case that is being pushed to the CPS by virtue of being a hot topic where the police need to be seen to act, rather than it having a realistic prospect of conviction - this a politically motivated policy implemented without consideration of how it is enacted or the lives it will ruin.

Is our justice system like the NHS? sounds alright on the surface but a closer look and the cracks appear and are plentiful?
Johnson etc deserve it.


Yes like the rest of the public sector its decked. try the secret barrister books as a starter

essayer

10,328 posts

216 months

Tuesday 20th June 2023
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I sympathise .. family member had similar ..

Original incident: June 2019
Interviewed under caution: July 2019
Charged: December 2021
Crown court trial: September 2022 (not guilty)

shouldbworking

Original Poster:

4,791 posts

234 months

Tuesday 20th June 2023
quotequote all
I take it it'd be a total waste of time writing to my MP about either the case or the situation in general?