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Simon
Simon, Solicitor
Category: UK Law
Satisfied Customers: 58
Experience:  I'm a solicitor specialising in criminal defence work. I have been in private practice for 5 years.
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Between 1974 and 1978 I was abused horribly along with two

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Between 1974 and 1978 I was abused horribly along with two other children. we took it to crown court about six years ago and lost. the social worker lied in court. Myself and brother are still so disappointed and have always wondered if there is anybody willing to hear our story and offer help in convicting the guilty and us getting the recognition we deserve.Even our medical records are hidden. I have medical problems as a result. I have lost all hope of doing anything. i have no money. I have lost faith in the English judicial system. Can anyone help several adults who went through hell ?
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question. I will try to help with this.

Are you asking if there is anything you can do about this now in law?
Customer: replied 3 years ago.

yes and can the people be re tried, if i need aditional info and what can happen when some body perverts the course of justice as they did. I need to know who can help.Can you help me?
Expert:  Jo C. replied 3 years ago.

He can't be retried. The principle of double jeopardy has been weakened in the UK but really only where other evidence has come to light. If its just that you are displeased with the original finding then there can be no further trial.

I am sorry but its very unlikely that the social workers will be tried for perverting the course of justice. One wonders why they would want to do that and in any event you have to proof that they lied on material facts.

You could try suing in the civil courts but that will cost and the fact that the allegations were rejected by the criminal courts will be an issue Im afraid.
Customer: replied 3 years ago.
I do find your answer a little confusing. Why would the social worker want to do that ? I am utterly astounded that you are doubting me. The case was big. up to six kids were abused. the polioce could only find three. We had not seen or heard from each other since the time. we were all broken by this. The social services new we were being abused. She kept us in her own home for two days until she found somewhere for us to go. We tried to tell the story for years but disbelieved us. Or pretended,. i thought that perverting the course of justice was a crime. The coruption stinks and it makes me wonder just how many lawyers are bent.As i said, i have no money and have just paid 30 pounds for a lot of rubbish . i am very dissatisfied with such an un caring attitude. Unless you can prove me wrong. And what idf another witness was found could the case not be re opened? I am not talking petty abuse here. four years of torture distroyed us and still has its affects on my health. In a big way.
Expert:  Jo C. replied 3 years ago.

Since you are displeased I don't think there's much point in continuing with this and will opt out for others

Edited by Jomo1972 on 1/18/2011 at 9:28 PM EST
Customer: replied 3 years ago.
How do I get other experts to answer my questions.? it is very unfair for you to hang up like that. you must understant how the nature of these very sensetive issues invokes anger and frustration in one, especially when one has been stamped on by the law. you need to be more sensetive in your approach.I was angered by the fact that you doubted my truthsThe social services department have every reason to pervert the cause of justice, over avery serious issue like this. bournemouth social services had allready had a very bad image and prsicution in regard to a similar topic. they were very affraid.they lied in court in the most appalling way. now surely something can be done about it, if not, then it is proof that the English judicial system is very corrupt.
Expert:  Simon replied 3 years ago.

Hi

 

I'll try to assist if I can.

 

The previous expert's answer was absolutely correct in relation to retrial and potential prosecution of Social Services witnesses

 

An individual cannot be retried for an offence of which they have been tried and acquitted unless new evidence comes to light. In order for any further proceedings to be considered by the Crown Prosecution Service, they would need to be convinced that compelling new evidence was available and that that a conviction was possible on the evidence as a whole at that point.

 

If another witness/victim were to come forward to the police then it is possible the prosecution might consider instigating further proceedings. Equally, they may take the view that it is not in the public interest to pursue further proceedings - i.e. they tried to secure a conviction once with witnesses/victims giving evidence but failed to do so and may consider that a further witness would not add significantly to the strength of the case. It is a matter for a CPS reviewing lawyer alone to decide.

 

Equally, if it could be proved that Social Services or any representative thereof had perjured themselves during the course of the original trial then it is perfectly possible that the prosecution might consider a) action against them for perverting the course of justice or perjury and b) a retrial of the original defendant.

 

The issue here is of course proof. Ideally, documentary evidence confirming that the oral evidence given in court was not just incorrect but fundamentally untrue, and given in the knowledge that it was untrue, would be located and forwarded to the CPS for their review. Again, even if evidence can be located, the CPS may not consider it in the public interest to proceed with either course of action, prosecution of Social Services witnesses, or retrial.

 

You have a right to review your Social Services file on written request - I would suggest you start there and ensure you request a full copy of your file: Social Services are required to record pretty much everything and the contents of the file may go some way to assist you if there are documents in there which indicate that evidence given at trial was inaccurate/flawed/untruthful.

 

Equally, medical records, if you think they will be relevant, should be disclosed to you on written request to your local healthcare trust. Again, review it carefully for anything that might assist.

 

Finally, you'd be well served to seek representation as both Social Services and your local healthcare trust will be more likely to respond positively to a solicitor's letter than a personal letter which they might simply ignore. If either organisation refuses to disclose the files/information, you can contact the Information Commissioner's Office www.ico.gov.uk who can assist.

 

To locate a solicitor who may be able to assist, I'd suggest looking on the Law Society website www.lawsociety.org.uk for a solicitor who deals with civil liberties and human rights. This issue is hard to define category-wise but I think that'll be your best bet.

 

I hope that assists but please feel free to answer any follow up questions that occur.

 

Regards

 

Simon

Simon, Solicitor
Category: UK Law
Satisfied Customers: 58
Experience: I'm a solicitor specialising in criminal defence work. I have been in private practice for 5 years.
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Simon
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I'm a solicitor specialising in criminal defence work. I have been in private practice for 5 years.