wrongly arrested for Actual Bodily Harm and Criminal Damage on the 9th sept 2011. appeal?

[assisted blonde]

http://webarchive.nationalarchives.gov.uk/20110218200720/justice.gov.uk/criminal/procrules_fin/index.htm

Try this one

[hmmh1978]

There is the tort of malicious prosecution.

 

You must prove all of the following:

 

1.) that you were prosecuted by the defendant;

2.) that the prosecution was determined to your advantage;

3.) that it was without reasonable and probable cause;

4.) that it was malicious;

 

I will start you off on your journey by providing a key case:

 

Martin v Watson 1996 HoL.

 

I would recommend a search on Bailii for the key term Malicious Prosecution as there is a lot of case law on this.

 

I would recommend you try and read up on this tort in detail before making any decisions.

 

Someone wisely stated seeing a solicitor, that goes without saying however I will repeat it here for the record, go see a solicitor who specialises in the common law.

 

Good luck.

[phaitun]

Ive known persons taking private/civil prosecutions out on assailants in the County Court where a criminal case has failed and neen discontinued by cps due to their assumtion that the case would not win 'beyond reasonable doubt'.

 

If you can find the 'crime reporting guidelines' and force policy on treating victims of violent crime for your police force you may have some help.

In some areas, just because someone says a crime has been committed then the view of the senior police officers ACPO level are that the matter should be pursued, regardless if the attending officers think its a malicious complaint, they then have to arrest, charge on advice after being put in front of cps for them to decide, then its all compounded by the fact that each cps region has different charging standards depending on their performance indicators i.e. succesful prosecutions for violent crimes/domestic related/rape/drink driving ... whatever

 

these docs will assist if you can prove that you were wrongly accused, a strong bond between the witness and alleged victim, a 'number crunching or performance driven' prosecution by the cps, a local zero tolerance policy by the police force.

 

Get all of your docs from the disclosure from the police, all of the court docs by means of SAR. Demand the paperwork from your sol.

 

Ask a sol to to find other witnesses who may have been present but werent chased up by the police, details are often recorded in police files people will often say they dont want to get involved at scenes but do provide an account to the police attending.

 

Police investigations are often hampered by bureaucracy and pressure to get results.

 

it will be even worse if winsor, hutton and may manage to steam head with their plans to privatise the police, the private police will definately be performance driven.

The future for this country is bleak

[Crapstone]

Anyone would think it all worked out like a TV drama. Fact- It doesn't.

 

Sorry to detract from Tony but the people we were against lied from the outset and that was proven. The police and CPS only go on what the are fed and some cases are purely PC and for statistics . The 'innocent victim', as you call them, gets paid for their time in court regardless of what the judge says.

In our case the judge agreed that self-defence was justified and even the CPS solicitor said that justice had been done 'as they were a nasty piece of work'.

 

I can so well understand how Tony feels, and he's not being malicious. This type of thing takes a huge chunk out of your life emotionally and so why not feel that you should at least get back financial losses?

 

The CPS acts like any other solicitor and are independent so I can see no reason why the original party can't be made to pay for loss of earnings if the case wasn't dropped by the 'victim'. The only problems I can see is a counterclaim and the headache of having to sort out any injury claim if that crops up. AFAIK that would elevate to a higher court and involve a lot more costs.

 

Mistake, malicious or not. The idea should be to put all parties back to the position they would have been in before this happened and Tony, having not been convicted, should also have that opportunity.

Edited May 29, 2012 by Crapstone

[Crapstone]

Getting all the documents is fairly easy and we only had to ask for ours and they were sent. The police sent us a file and so did the solicitors free of charge. We also found out that a witness had been threatened and that civil service prevented them from attending.