Family and Friends Forum

CPS will only set charges that they believe will stick - e.g. good enough amount of evidence. Otherwise it is a risk. They have to consider if an offender pleads not guilty does the CPS have enough evidence to reduce the risk a jury will agree as not guilty, and therefore a possible waste of tax payers money.

My partner wasn't arrested (I believe defined as they read your rights and state 'you are under arrest for .....'). My partner had bail conditions and then under investigation before charges.

Good question lightbulb360, I was thinking the same.

My husband was taken in for questioning but not arrested, no bail conditions set (he says he is not guilty of sending text messages) . At the moment he is free to go about his daily life, he can go on holiday etc.

This makes me think they haven't got enough evidence to have arrested him, so it won't go to CPS?? I've also googled the crap out of it and still no clearer.

Keep in touch if you get any answers x

Hi mw.

Are they under investigation? My partner was never arrested and had bail for the first 28 days. After that he had no restrictions. It took two years for the charges to be made, because it took months for police to start and finish looking at all his devices.

Also to note sometimes charges happen without a second interview. Sorry if it isn't particularly helpful but I don't want you to think that because there are no restrictions that charges are unlikely to happen. It depends on what the police find overall.

Hi majestictopaz

He wasn't arrested and had no bail conditions.

They only took 2 mobile phones (work and personal), they cleared all other devices when they searched the house. After 4 weeks the police cleared his personal phone (although he hasn't been given this back yet) we are still waiting to hear about his work phone. The messages were allegedly sent from this phone.

Did they say anything about him being under investigation MW?

Also good question original poster as that's something I want to know...

Will it ultimately go to theCPS or can the police officers caution if they think that's a caution is warranted ?

Mw,

My partner wasn't officially arrested, didn't have bail conditions, social closed the case and we had no restrictions or interaction with anyone for a year and a half. The didn't take all devices. Just his phone. Didn't take or look at the 2 laptops, switch or iPad. All were shared in our home.

Fast forward 16months after finishing with devices. Re arrested* Bail for 28days, bail dropped then case passed and active still with SS.

It's been with CPS since mid February.

Probably not what you hoped to hear but that is my experience xxx

Hi Blackhound, he is still under investigation, hence we have not ha e any answers or his phones back yet.

Hi SadandWorried, thank you for sharing your story as it's helped me understand this probably won't go away anytime soon, although I'm now sad and worried.

Mw,

Ohh sorry, although it is worth baring in mind just how much these cases vary and go get and stay positive! Wouldn't it be easier if it was more predictable. I've always been advised and tried to follow the advice of hope for the best but prepare for the worst. Easy said than done sometimes though!

This is so hard so please make sure to remember how strong you are and how well you're doing.

Hope you continue to reach out in this group.

xx

SadandWorried, thank you so much for reminding me that I can get through this, albeit the most heartbreaking experience I've ever had to deal with. This group really has helped me realise I not alone xx

Sadandworried,

Do you mind my asking why your partner was rearrested? I don't quite understand why they rearrest someone ?

Hi Blackhound,

So after looking at devices if something is found that wasn't the reason for the first arrest a new arrest/case is made.

So he was arrested for possession of 1 Cat C but after looking at his device he was rearrested for possession and distribution of Cat A,B,C and inciting an under 13.

I'm not sure what's happening now though, CPS still haven't finished and it was sent to them in Feb. I dunno if CPS are looking at each arrest separately or together...god knows! Just wish they'd hurry up whilst also dreading the day they've finished and court dates are the next stage.

Hope you're okay and hanging in there. xx

Heya Sadandworried..

Ah I see, so if something is different from the original... Then they rearrest and make new charges... Makes sense...

Sounds like they always send it to the CPS then... It must be so frustrating waiting to hear from the CPS for that long because you've alreasy had to wait a long time in the first place... It seems a bit ridiculous... I guess though with the CPS having to decide on so many cases it makes sense...

That's such a small amount of images... Compared to the thousands I've seen in other cases... It would be such a shame for them to offer anything but a caution in this instance I think..

Hi,

Yes only if it's a different offence with they have the grounds to rearrest.

I think for most cases they do always get sent to CPS unless they believe there is not enough evidence for CPS. The wait is truly ridiculous!! In October it will be 2years for us. Sometimes it feels like it's been for ever and other times I can't believe it's been that long.

Well I'd of hoped for a caution if it had remained 1 CAT C but now they've said all CATs and "more than could be an accident" so just need to wait for CPS to finish and see what I'd actually happening!

I just think it's been allllll this time that the police have let him carry on as normal with no bail/conditions and then if he goes to court and they say actually we believe he is a danger to the public and he gets custodial it will just make no sense! He would've already proved that he is safe in the community because of how long it's taken and hopefully already proved supervised contact with his children is safe and works. It's just a waiting game that makes little sense. xx