Pre Charge Representation - pros and cons?
Discussion
Hi,
Hoping we have some legal experts here who might be able to give an opinion.
My step brother was arrested a couple of weeks ago as his partner alleged abusing behaviour and assault. They have always had a slightly choppy relationship but have kids and always seemed ok.
He claims it is pretty much made up or exaggerated and I believe him. No evidence apart from some audio of an argument or two, no injuries etc.
He's now barred from contact or living at this jointly owned home for 3 months whilst on bail. He's looked at solicitors who claim to offer pre charge representation which sounds like it may speed things up however my google-fu shows it may just be a waste of money and he'd be better off sitting tight.
Any thoughts? Thanks!
Hoping we have some legal experts here who might be able to give an opinion.
My step brother was arrested a couple of weeks ago as his partner alleged abusing behaviour and assault. They have always had a slightly choppy relationship but have kids and always seemed ok.
He claims it is pretty much made up or exaggerated and I believe him. No evidence apart from some audio of an argument or two, no injuries etc.
He's now barred from contact or living at this jointly owned home for 3 months whilst on bail. He's looked at solicitors who claim to offer pre charge representation which sounds like it may speed things up however my google-fu shows it may just be a waste of money and he'd be better off sitting tight.
Any thoughts? Thanks!
He should have considered a Solicitor present for the interview, that’s besides the point now.
Getting a Solicitor involved currently is pretty much a waste of time, they can’t speed up the investigation or shorten the bail date unless the Police decide they want to have him answer bail sooner which is highly unlikely.
He should probably approach a Solicitor if he is either invited back for a further interview or charged with an offence.
All IMO of course
Getting a Solicitor involved currently is pretty much a waste of time, they can’t speed up the investigation or shorten the bail date unless the Police decide they want to have him answer bail sooner which is highly unlikely.
He should probably approach a Solicitor if he is either invited back for a further interview or charged with an offence.
All IMO of course
Yomamaisasnowblower said:
Well, he had a duty solicitor who apparently was ok. Prepared a statement for the interview which was short in duration. Isn't it the case where if they decide to drop it earlier the bail is cancelled?
What bail was he released on?Bail for further enquiries?
Bail for a CPS charging decision which is a requirement in domestic cases?
ED209 said:
What bail was he released on?
Bail for further enquiries?
Bail for a CPS charging decision which is a requirement in domestic cases?
Not 100% - but I'm guessing as it's a domestic it is going to the CPS however there was something about the police force deciding if it meets the requirements (like a gatekeeper) to go that far?Bail for further enquiries?
Bail for a CPS charging decision which is a requirement in domestic cases?
Yomamaisasnowblower said:
Not 100% - but I'm guessing as it's a domestic it is going to the CPS however there was something about the police force deciding if it meets the requirements (like a gatekeeper) to go that far?
Well the difference is important in terms of time li it’s etc, to be honest it’s difficult to explain as the bail act was made overly complicated and confusing by the last government ED209 said:
Well the difference is important in terms of time li it’s etc, to be honest it’s difficult to explain as the bail act was made overly complicated and confusing by the last government
It's pre charge bail, not RUI which I've been told can be forever. Is there a way of finding out? I've seen a sheet (mg4?) but that is not even filled in properly - name is wrong for example. It just states the time to return to the station and the conditions.
If it's with the CPS for a charging decision there isn't anything to do than wait for their decision.
A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
How does that work when you get to court then?There's criminal legal aid https://www.gov.uk/guidance/criminal-legal-aid-mea...
If you don't meet the criteria you're paying for your representation unless you have insurance etc.
A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
119 said:
agtlaw said:
Jamescrs said:
If that is the case I’m sure your knowledge on it would be appreciated as opposed to a one word answer
I don’t owe you an explanation but, in this context, legal aid covers advice at the police station.If you don't meet the criteria you're paying for your representation unless you have insurance etc.
MrBogSmith said:
If it's with the CPS for a charging decision there isn't anything to do than wait for their decision.
A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
How does that work when you get to court then?There's criminal legal aid https://www.gov.uk/guidance/criminal-legal-aid-mea...
If you don't meet the criteria you're paying for your representation unless you have insurance etc.
Thanks.A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
119 said:
agtlaw said:
Jamescrs said:
If that is the case I’m sure your knowledge on it would be appreciated as opposed to a one word answer
I don’t owe you an explanation but, in this context, legal aid covers advice at the police station.If you don't meet the criteria you're paying for your representation unless you have insurance etc.
MrBogSmith said:
If it's with the CPS for a charging decision there isn't anything to do than wait for their decision.
A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
How does that work when you get to court then?There's criminal legal aid https://www.gov.uk/guidance/criminal-legal-aid-mea...
If you don't meet the criteria you're paying for your representation unless you have insurance etc.
This is interesting. He's frustrated that he felt he couldn't offer evidence to counter at the interview. So he has some audio and video showing her after alleged incident as well as video and audio or her being aggressive. Does he just contact the police?A legal rep isn't going to do anything at this stage unless it's something like he's discovered new evidence / lines of enquiry he didn't offer at his interview. Even then he doesn't need legal representation to communicate those to the police.
119 said:
agtlaw said:
Jamescrs said:
If that is the case I’m sure your knowledge on it would be appreciated as opposed to a one word answer
I don’t owe you an explanation but, in this context, legal aid covers advice at the police station.If you don't meet the criteria you're paying for your representation unless you have insurance etc.
If he has further evidence / lines of enquiry for the police that support him he’ll want them to be aware of them and pursue them as the police should be neutral evidence gathers.
He could go back to the solicitor who represented him and see if they’ll present them to the police as first port of call.
He could go back to the solicitor who represented him and see if they’ll present them to the police as first port of call.
Yomamaisasnowblower said:
Hi,
Hoping we have some legal experts here who might be able to give an opinion.
My step brother was arrested a couple of weeks ago as his partner alleged abusing behaviour and assault. They have always had a slightly choppy relationship but have kids and always seemed ok.
He claims it is pretty much made up or exaggerated and I believe him. No evidence apart from some audio of an argument or two, no injuries etc.
He's now barred from contact or living at this jointly owned home for 3 months whilst on bail. He's looked at solicitors who claim to offer pre charge representation which sounds like it may speed things up however my google-fu shows it may just be a waste of money and he'd be better off sitting tight.
Any thoughts? Thanks!
As a child of a DV relationship, be very wary about believing him. People who could make an angel look guilt ridden in public behave very differently behind closed doors. If she's seen fit to record it and get the police involved he has likely done it before and more than once. I hope I'm wrong but the stats would suggest other wise.Hoping we have some legal experts here who might be able to give an opinion.
My step brother was arrested a couple of weeks ago as his partner alleged abusing behaviour and assault. They have always had a slightly choppy relationship but have kids and always seemed ok.
He claims it is pretty much made up or exaggerated and I believe him. No evidence apart from some audio of an argument or two, no injuries etc.
He's now barred from contact or living at this jointly owned home for 3 months whilst on bail. He's looked at solicitors who claim to offer pre charge representation which sounds like it may speed things up however my google-fu shows it may just be a waste of money and he'd be better off sitting tight.
Any thoughts? Thanks!
Collectingbrass said:
As a child of a DV relationship, be very wary about believing him. People who could make an angel look guilt ridden in public behave very differently behind closed doors. If she's seen fit to record it and get the police involved he has likely done it before and more than once. I hope I'm wrong but the stats would suggest other wise.
It’s also important to keep an open mind, of course. The OP has said of his brother:“ So he has some audio and video showing her after alleged incident as well as video and audio or her being aggressive. Does he just contact the police? “
It could be one of several situations; the OP’s brother could be a domestic abuser, similarly he and his partner could both be culpable for their behaviour towards one another, or the partner could be a liar and acting out of malice.
It is widely accepted that instances involving male victims are dramatically under reported, and it isn’t by any means unknown for an alleged victim to be leaning on societal stereotyping to support a false accusation out of spite. As a society we have a lot of work to do here in all directions.
Hopefully, for all concerned, the police will make proper investigations and reach the correct conclusion.
Edited by Southerner on Sunday 20th October 11:54
Thanks - yes I agree that we don't know what happens behind closed doors and I do keep an open mind about it all. But I know them well enough - she is the type who gets her way and is the loud dominant one, I just can't see my brother doing that. Still, if he has offended, time will tell if evidence exists. I just hope the kids are ok. It's a tough one.
Financially, he is the "bread winner" and all he can assume is that she wants out of the relationship and this a way to extract him from the home to start that process. He is truly in shock at what's happened.
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