Is there a police officer or solicitor who can advise?

[Rohloff_Brompton_Rider]

My neighbour was charged with public disorder and harassment and we were told we would hear about the court date to attend as witnesses.

12 months passed and we heard nothing so we contacted the police to be told that the inspector had intervened and "had words" with the neighbour - we were not informed about this at all.

I can't find on google or law website how a police officer can intervene and overturn a CPS decision to proceed with criminal proceedings.

Can someone point me in the right direction please.

 

[stephec]

I'm neither of what you're asking for, but maybe new evidence came up that would've hampered a prosecution?

Either that or the words were had down at the local lodge.

 

[ASC1951]

...I can't find on google or law website how a police officer can intervene and overturn a CPS decision to proceed with criminal proceedings.
Can someone point me in the right direction please.

I would start here http://www.cps.gov.uk/victims_witnesses/resources/prosecution.html
My guess is that the police haven't overturned the CPS decision. The inspector will have notified CPS of his additional action and CPS will have agreed to drop it. I'm afraid that for this type of offence - even though it can be distressing for the victim - there is rarely any public policy issue and CPS will save their resources for cases which the police want them to pursue.

Edit - There is nothing to stop you asking if you can speak to the inspector direct. He won't want to listen to a rant, but may well have no problem with a short calm meeting.

 

[Rohloff_Brompton_Rider]

I'm neither of what you're asking for, but maybe new evidence came up that would've hampered a prosecution?

Either that or the words were had down at the local lodge.

If it wasn't so serious it would be funny but, that's what I'm worried about as this isn't the first time this has happened. Some of the stuff they've done has been serious, for example, revving his engine and driving at me to only stop a foot away - all caught on cctv.

 

[Rohloff_Brompton_Rider]

I would start here http://www.cps.gov.uk/victims_witnesses/resources/prosecution.html
My guess is that the police haven't overturned the CPS decision. The inspector will have notified CPS of his additional action and CPS will have agreed to drop it. I'm afraid that for this type of offence - even though it can be distressing for the victim - there is rarely any public policy issue and CPS will save their resources for cases which the police want them to pursue.

That's what's worrying the CPS had already made the decision to pursue and that obviously that had meant going thru the criteria such as public interest etc. no new evidence was available he was caught bang to rights.

 

[twentysix by twentyfive]

Yikes. Can you move house?

 

[Pale Rider]

It seems likely the accused did not make a court appearance.

Until that time, it is an administrative decision between the police and CPS if a prosecution moves forward.

It may be the accused accepted a police caution.

In an ideal world you would have been told about that.

Whatever happened, you are entitled to an explanation from the inspector as to how the case was disposed of.

But he's not going to contact you, so you will have to do all the leg work.

 

[ASC1951]

That's what's worrying the CPS had already made the decision to pursue and that obviously that had meant going thru the criteria such as public interest etc. no new evidence was available he was caught bang to rights.

I'm afraid the pubic interest does not require prosecution of every offender, even when the offence can be easily proved. The CPS also have to consider the cost to the public purse and the use of police and court time.

If it wasn't so serious it would be funny but, that's what I'm worried about as this isn't the first time this has happened. Some of the stuff they've done has been serious, for example, revving his engine and driving at me to only stop a foot away - all caught on cctv.

As I recall, this is quite a long-running problem and I'm glad I don't have to live next door to this oaf. But people don't usually drive their cars at their neighbours except in response to some perceived (generally irrationally perceived) offence. Many local authorities offer a mediation service and I do wonder in all seriousness whether there is not some way of trying to get to the bottom of his problems before it takes over your life?

 

[Rohloff_Brompton_Rider]

I'm afraid the pubic interest does not require prosecution of every offender, even when the offence can be easily proved. The CPS also have to consider the cost to the public purse and the use of police and court time.

As I recall, this is quite a long-running problem and I'm glad I don't have to live next door to this oaf. But people don't usually drive their cars at their neighbours except in response to some perceived (generally irrationally perceived) offence. Many local authorities offer a mediation service and I do wonder in all seriousness whether there is not some way of trying to get to the bottom of his problems before it takes over your life?

Nope none whatsoever, I was helping a courier load a scooter into their van. When I stepped to cross the road I didn't see him and he revved his engine and screeched his wheels.

But that's not what I'm asking about, it feels like someone is helping this fella too much - if you know what I mean.

 

[Rohloff_Brompton_Rider]

Also, he'd already been charged.

 

[Pale Rider]

But that's not what I'm asking about, it feels like someone is helping this fella too much - if you know what I mean.

Tempting as conspiracy theories can be, the chance of an inspector risking his cushy well-paid job and even cushier benefits for a knacker like this are remote, in the extreme.

 

[Rohloff_Brompton_Rider]

Tempting as conspiracy theories can be, the chance of an inspector risking his cushy well-paid job and even cushier benefits for a knacker like this are remote, in the extreme.

One officer has already lost his post a few years ago for exactly that.

 

[Pale Rider]

One officer has already lost his post a few years ago for exactly that.

Even more reason for this inspector not to do it.

Anyway, juts get hold of him and ask him what happened to the case.

 

[Rohloff_Brompton_Rider]

Even more reason for this inspector not to do it.

Anyway, juts get hold of him and ask him what happened to the case.

Waiting for an update of an IPCC complaint just trying to get prepared for the probable outcome...ducks in a row so to speak.

 

[Cubist]

I suspect you are hearing mixed messages or misinterpreting them. It is not a cps matter to charge public order offences.

The police may have decided to charge based on threshold test, but a CPS review on or prior to first hearing may have meant they decided to caution, that's pretty common. It may even have reached a JP who decided the same. A decent brief would have persuaded the neighbour to plead guilty in exchange for a caution.

A caution is administered by an inspector.

Go and ask what happened. All else is conjecture.