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GlastonburyRed

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  1. I can’t imagine that statement will stay in place for long, but at the very least they could have gone for ‘victim not supporting the prosecution’ rather than ‘victimless crime’. That phrase is, understandably, like a red rag to a bull for many involved in domestic abuse campaigning.
  2. That is quite a bizarre statement to be honest.
  3. Folks; whilst ok to discuss legal procedure in general terms, think before you post when discussing any case specifics. I’m not a mod or anything, but don’t want anyone/OTIB getting in trouble.
  4. I think the presence of CCTV footage & a defence of 'it didn't happen' would be difficult to reconcile.
  5. I would be surprised if there was a blanket rule that the CPS have to progress, in the event of a retraction, but I do think there is policy surrounding the examination/consideration of a retraction in these forms of cases, that might not exist say in offences against property etc. But yes, I am sure police are encouraged to delve deeper and not be perturbed by the faintest whiff of a retraction, and I think that is correct, all things considered (not saying being the target of baseless allegations would be comfortable).
  6. Never say never though; I recall one particular time in my career where I, as a prosecutor, secured what I would say was an 'un-deserving' conviction up in Birmingham - strange things do happen in court on occasion.
  7. In my opinion (former criminal lawyer) 1) & 2) won't happen, largely becuase it would send an awful message to those who may wish to raise a domestic violence complaint in future. As for 1), I guess there could be a witness summons for her attendance (not even sure the judge/mags would go for that, nor whether the CPS would even ask for one), but if she then appears at court, and takes the stand, the prosecution would have to treat her as a hostile witness and cross examine her on any original statement (is there even one?); as you can imagine, cross-examining your own witness is not a good look, and in the absence of independent evidence, is a tough ask for the prosecutor. Regards 2), there is a potential for it to happen, but would have to be an extreme case (think serious sexual offence allegations). So we are left with the 999 call, and bodycam (likely only showing any aftermath)...potential for a bad character application perhaps (although hard for me to say without reviewing the file). Unless I am missing something, this case will be incredibly difficult to secure a conviction on, if it even gets that far and the CPS do offer evidence. The prosecutor on the day will have their work cut out, and will not have been the one who made the decision to charge/progress with the matter. I know there are good policy reasons why domestic abuse convictions should be pursued in the absence of the complainant's support, but that doesn't make it any easier for the lawyer on the day.
  8. Those trials are adding up! Perhaps there were witnesses if it was at a party, hence the prosecution without a complainant in the conventional sense.
  9. Maybe around about the same wage but a shorter contract than LW was in search of.
  10. '23 year old schemer' wtf
  11. Having those higher expectations isn't the issue, it's how they were expressed, in a discourteous manner, that is what sticks in the craw for some.
  12. Known as Sam Punchintheface in our household, 'nuff said. Once married to Natalie Sawyer.
  13. The rosey cheeked lady garden up to his old tricks again, obviously
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