Some legal advice needed by MrB


User avatar
MrB
Am not entirely sure how much detail I can go into on a public forum so I will keep the details for a private conversation, should someone be able to help.

I know someone (not me) who was recently found guilty of a crime they had not committed. All through the case the Police said they didn't think the PCS would prosecute as it was one person's word against another and the accusor's statements (3 in total) were not consistent.

Anyway it went to court, shortly after a damning Panarama on a similar subject, and to cut a long story short this person I know was found guilty. They lost their job as a result, their house and have had to move out of the area.

They were fined and ordered to do 150 hours of unpaid work.

At the appeal, some 10 months later, the chief prosecution witness refused to go into court, if the accusor was present. The judge asked him why? He went into a private meeting with the judge and told him how the previous judges had ignored everything he had told them and found the defendant guilty and he then went on to tell him what had really happened and other things that had happened both before and since the original trial.

The person found guilty was told new evidence meant there would be no appeal that day. The appeal had been delayed several times, causing them an enormous amount of stress etc, not to mention the cost of the 100 mile train journey. Anyway, I digress. Since their conviction has been quashed and they have been told they can get on with their life with a clear conscience.

However, as there was no appeal, and his conviction has been removed from the records the person is not entitled to any compensation. If the appeal had gone ahead and they had won it, they would have been entitled to a considerable sum of money in compensation for the unpaid work, stress, loss of earnings, etc.

Is this correct? They don't even get minimum wage for the community service. They have said that this person will have to pursue their employer for wrongful dismissal and the accusor for deformation of character etc.

Surely this can't be right? I thought it was called the justice system?
Chris
Member No. 143
Mods so far: LED sidelights, interior lights and number plate lamps, Rover Xenon Headlights, Kenlowe Fan, Synergy 2 and EGR Bypass

Posted 14 Jan 2012, 00:58 #1 


PaulT
Online
I am no legal expert but surely there is a need for a legal process for a conviction to be quashed?

No doubt hanging Judge Raistlin :lol: will be along soon
Paul

That apart Mrs Lincoln, did you enjoy the play

Image

Posted 14 Jan 2012, 07:08 #2 

User avatar
MrB
Paul

It wasn't quashed immediately, the person involved heard some days/weeks later that the records had been amended and the conviction removed.

They were advised they could claim their fine back but that any other claim would have to be taken out by them in a civil proceeding. In other words at a cost to them.

Their solicitors have been useless, Police appointed, so no surprise. They actually said they were not used to defending people who were actually innocent. They were more used to dealing with cases where they were trying to get the best sentence possible for the defendant.

They are obviously looking at wrongful dismissal by their prior employers, who actually said they had dismissed them due to other disciplinary matters, not relating to the case. Which there have never been any, but it's all the stress and anxiety of further court appearances etc that are taking their toll on somoeone who did nothing wrong and as a result has lost everything.

It's just eating us all up.
Chris
Member No. 143
Mods so far: LED sidelights, interior lights and number plate lamps, Rover Xenon Headlights, Kenlowe Fan, Synergy 2 and EGR Bypass

Posted 14 Jan 2012, 11:27 #3 

User avatar
Mick
(Site Admin)
From what you have written here it sounds very much like a tragic set of circumstances. I wonder if your local MP would have any advice or be of any assistance?

Posted 14 Jan 2012, 11:52 #4 

User avatar
Zeb
A trip to the Citizens Advice would be a very worthwhile thing for this person to do....they have experts and specialists in almost every field across their UK network so if they do not know something they will have access to somebody who does...

Posted 14 Jan 2012, 17:01 #5 

User avatar
MrB
Carl

They've been there and done that. They told them exactly why they wanted to see them and they made an appointment. When they got there, they said they were very sorry but there legal advisor has finished for the day. If they'd known they would have arranged another time. It's a good job thuis person is most laid back person I've ever come across. I believe they will be visiting them again, when the legal person is there.
Chris
Member No. 143
Mods so far: LED sidelights, interior lights and number plate lamps, Rover Xenon Headlights, Kenlowe Fan, Synergy 2 and EGR Bypass

Posted 15 Jan 2012, 12:01 #6 

User avatar
MrB
Mick wrote:From what you have written here it sounds very much like a tragic set of circumstances. I wonder if your local MP would have any advice or be of any assistance?

That's not a bad idea. I might just suggest that to them.

Thanks Mick
Chris
Member No. 143
Mods so far: LED sidelights, interior lights and number plate lamps, Rover Xenon Headlights, Kenlowe Fan, Synergy 2 and EGR Bypass

Posted 15 Jan 2012, 12:04 #7 

User avatar
Martin
Hi hope your pal is ok, OK here I might just be being simple but you pal was convicted and sentenced and a term served,community or not therefore surly if the conviction was quashed he was imprisoned/community ordered unjustly appeal or not and then let them go and just say sorry court of human rights me thinks.
MGZT-T V8 SUPERCHARGED Le Mans Green

Posted 15 Jan 2012, 16:23 #8 

User avatar
Zeb
MrB wrote:Carl

They've been there and done that. They told them exactly why they wanted to see them and they made an appointment. When they got there, they said they were very sorry but there legal advisor has finished for the day. If they'd known they would have arranged another time. It's a good job thuis person is most laid back person I've ever come across. I believe they will be visiting them again, when the legal person is there.



Hmmm...:(...unfortunately it is very much a question of how good one's local CAB are as to how well the public are served....as I have been discovering....nonetheless, the expertise IS there, so I am glad they are being persistent!

Posted 15 Jan 2012, 19:18 #9 


Top