Court next month.

[WesternLancer]

Offering no evidence doesn't mean no evidence was available, it's just a way of effectively discontinuing a prosecution at the last minute.

valid point, but are we forgetting that this case started off in the OP as a case of an accusation against someone who had been falsely accused in the first place in the sense that someone else had given their name and address.

Moreover the OP had pointed this out on several occasions, attempted to engage with the prosecution the train company and the court service, yet still had to go to court twice (once being told the wrong court) - and who is clearly on a v low income (since they mentioned their Universal Credit).

This is a shocking saga and why I would be going to the Parliamentary Ombudsman for it - with an expectation to be offered a sum in compensation to match the time and costs trying to get the above parties to engage with the situation.

 

[pitdiver]

I was involved in a court case as the victim and the sole witness. The offence occurred in August 2019. The trial at a crown court was scheduled for November this year if I was lucky. It would have probably have put back again until next March. Because of the continuing delay and the difficulty in getting to the court I approached the CPS and advised them that I would be withdrawing my support for the case. I eventually received a phone call from the investigating officer asking me what was going on.
I explained to him my reasons for withdrawing my my support. He completely understood so started the process.
When I asked the officer what would have been the outcome if the trial had gone ahead. He said "Nothing, the defendant has served six months on remand and that would have been the sentence he would have got. So nothing would have happened. The whole process was farcical. What made it worse was the fact it meant a 250 mile round trip to the court for me to stand in the witness box for about 30 mins.

The CPS wrote to me to at the end of May to advise that no further action would be taken. I then had another letter saying "They would not be offering any evidence" This was at least 6 months before the proposed date of the trial. Hardly a last minute action

 

[EssexGonzo]

Evening everyone.

so my re-trial was today at Bank Magistrates Court after the Bexleyheath debacle I didn’t hold much hope.

arrived at 1:15pm in hope I’d be seen before 2pm. Alas I was thankfully.

the prosecutor who I originally thought bless her, seeing her hobble around with the air of someone’s granny asked for my letter and name. Came back 15 minutes asked for my plea “not guilty”. Disappeared and came back after another 10/15 mins. Asked me ‘what is your problem, why are you not guilty’ to which I handed her a pre copied letter I had sent to the same court recorded delivery 2 weeks earlier telling them exactly what my problems were and told her to read it and get back to me. 30 mins later papers came back to me with “so you’re definitely pleading not guilty”, “yes correct”. 10 mins later got called into court.

gave my details sat down to hear the prosecutions evidence in which the dear old madam stood up and said ‘the prosecution has no evidence your worship’. “What’s my problem why am I not guilty” lol imagine.

that was the end of that.

still took money from my universal credit with all of their no evidence though but that’s since come back to me after kicking up a fuss.

case closed.

thanks everyone for all your help and comments. If anyone ever thinks I can help them out please message me.

have a great rest of the week and thanks again !
Daniel

I’m really glad it’s over for you but absolutely shocked at your treatment. Whilst it looks as if there is some court incompetence here, the ultimate owner of the brinkmanship that has cost you so much time, stress and money has to be the TOC. Their legal team answer to and are paid by them. You really should not have been put through this.

 

[thejuggler]

Unfortunately the OPs story isn't unusual. Court backlogs are now over 65,000 and every day there are cases adjourned because there are no barristers or Judges available.

 

[SuspectUsual]

When I asked the officer what would have been the outcome if the trial had gone ahead. He said "Nothing, the defendant has served six months on remand and that would have been the sentence he would have got. So nothing would have happened.

Whilst that’s true insofar as the defendant wouldn’t receive any further imprisonment, the thing that is different is that s/he won’t now be convicted, and therefore should they reoffend they may well receive a more lenient sentence

 

[island]

Understood, but nothing changed on the day of the court hearing? So why not save a lot of hassle by informing the defendant in advance that they're welcome to drop by, plead guilty and get a conviction or plead not guilty, have no evidence presented and walk away innocent?

I would refer you to the recent post by Haywain.

 

[pitdiver]

Whilst that’s true insofar as the defendant wouldn’t receive any further imprisonment, the thing that is different is that s/he won’t now be If convicted, and therefore should they reoffend they may well receive a more lenient sentence

If the defendant reoffends I think he may have cooked his goose. There are other reasons why I withdrew my support but I am unable to go into on a public forum.

Edit - 2/6/2022:

I can now disclose that the offender was my stepson. Had the trial gone ahead it would have taken place on 11th November 2021 at Luton Crown Court.
Tragically he was found dead hanging from a fence in a Bedford School. The inquest has now taken place and the verdict was Death by Natural Causes possibly brought on by TB.
The irony being that this occurred on the 8th Nov 2021.
I must apologise for bringing this up but I felt the thread in mid air.