Police misconduct and negligence urgent help

[Justice4us]

Hello,

there has been an ongoing case where the police have failed to protect me and my family. Evidence has been refused by them and won’t speak to the witnesses until a complaint over 6 months ago. Defendant breached bail conditions and wasn’t followed up. There was no initial risk assessment even though we have violent behaviour on video. Also lots of calls to police as an emergency. Child under 10 witnessed this behaviour of threats and very much affected them. Police never offered support until day before pretrial even knowing there was a breakdown in the mental health of the victims. As they refused to take evidence there was over 20 videos sent to them which they said in an email that they’ve added to the case file, only to find out 6 months later that due to our complaint they will now take the evidence and lied about taking it months earlier. The charge is for harassment with no violence even though there’s proof of violence, unwanted attention, unwanted gifts, breaching my privacy rights and caused severe mental health problems. They refuse to let the victim speak to cps about the decision not to prosecute for stalking with fear of violence and alarm and distress, and consider we should be grateful there will be a conviction of harassment as a summary offence. He also sexually assaulted me but this hasn’t been charged, only just included as an element of harassment

have the police got a right to not let the victim speak to cps? How can the complaint system work if it’s all internal and are covering each other’s backs??
is it wise to tip off the press about the situation and upcoming court date? The complaint has been passed on to at least 7 different officers with no one being held accountable for the mistakes and failing to protect. They refuse to put details of our telephone calls into writing as confirmation even though this is a complaint they’re dealing with. What rights do I have to get the charge changed?? The defendant was actually arrested for stalking and harassment but the student police officer rushed the investigation because he was going on holiday. What rights have I got to speak to the cps or let the judge know my concerns? The police have simply got the basic information just so they can get a conviction without much effort and are stopping the chance of the case being referred to the crown court to deal with.

any help I would very much appreciate

[des8]

my understanding is that the police should have given you, as a victim, a contact at the CPS.
You might like to glance through this website: https://www.cps.gov.uk/publication/c...ocal-protocols
There is also a victims code: https://assets.publishing.service.go...-code-2020.pdf

[Justice4us]

Thank you so much Des. They’re playing a dangerous game lying to me to save their backs. It’s disgusting that their duty to protect has been completely ignored. Their values: honesty, integrity and compassion. Senior officers are awful for denying their responsibilities. I appreciate your help, any advice is gratefully recieved

[des8]

Have you made a complaint to the IOPC?
https://www.policeconduct.gov.uk/com...make-complaint

[Justice4us]

Yes the complaint was made last December and has been sent back to the police for an internal investigation. It’s been through about 7 different people. The complaint is with the DCI but he wants to concentrate on the trial and intimidating me into not to say anything bad about the police or the investigation they’ve done. It’s disgusting how they can treat a member of public like this. I’m in fear everyday wondering if the defendant will come to hurt me. I’ve emailed CPS and they will be getting in contact with me soon. I have a feeling they haven’t let me speak to the cps to cover up the mistakes so they’re not found out. One of the witnesses made a statement last month but still hasn’t received a letter to attend trial so I think the police have tried to make it look like they’re doing what they’re asked but haven’t recorded anything more since January (pre trial). This goes against the police values and I don’t know how they can get away with doing the bare minimum?

[des8]

If you’re unhappy about the outcome of your complaint, or about the way your complaint has been handled, you can make an application for a review or appeal.

I'm afraid it is a long winded process to go through.
Sometimes i think it was devised in the hope that complainants just give up and go away. But that is cynical me!

[Justice4us]

Yes, the 7 different people that were and are handling the complaint talk to me like,‘I will back my officer all the way and the complaint will only come back to me’.

I will fight for what I deserve and will fight to get the internal police complaints system to be reviewed. If they were to look at the statistics there would be a low percentage where the complaint was dealt with properly.

There has been too many failures leading up to now but police need to be held accountable for not meeting their standards.

it’s really difficult to know that this might not be a fair trial and that the defendant will be getting away with a years worth of constant harassment, stalking and sexual assault.

Something needs to be done about misconduct or corruption in the police department which seems to stem from highly ranked officers which means there’s no hope when they cover each other’s backs because they’re responsible for the officer in the complaint.

it’s disgusting how they are there to protect you but in reality it could have got to the point where the risks involved would have been detrimental to my life.

thanks for your time Des

[islandgirl]

I assume this is a Magistrates trial? The prosecutor may only see your case the night before or on the day especially if they are an agent. Try to speak to them before the trial (I assume it is a Not Guilty plea). Are you a witness? The defendant may wait to see who turns up to give evidence then go guilty or offer a plea to a lesser charge. Anything is possible on the day.

[Justice4us]

Yes it’s a magistrates trial. I’ve emailed cps who are getting in touch with me soon. Yes I’m a witness and the offender has no plea because he’s pleading insanity even though I have a video of him saying he knows right from wrong. It’s the with holding evidence by the police which show violence that frustrates me because they’ve charged with harassment no violence but arrested him for stalking and harassment. They charged him without seeing the evidence and diary logs for a year. They even attended because of threats. Am I able to write to the judge to explain the situation? I have the right to a fair trial, correct charge on him and justice. I’ve been living a nightmare

[Justice4us]

Oh and the police have refused to contact the 6 other witnesses so only 4 including me are going on the day

[islandgirl]

It will be a panel of 3 magistrates who hear the case (unless you have it listed before a District Judge which is a possibility if it is an unusual trial) but there is not usually one single judge, They will get your matter allocated to them in the morning and will know nothing about it prior to the hearing. They can only deal with what has been charged. You will only be able to speak about the incident for which this person is on trial - he must be saying he is "not guilty" if there is a trial for whatever reason that may be. Do you know what the issues were in the matter from the pre trial hearing where the defence have to say why they are pleading not guilty? I know you say insanity but I find that odd - do you have any more info on their defence? In the witness box you will be taken back to the day and time of the incidents for which this person is charged and just asked about that. You can write something and ask for it to be given to the DJ/ magistrates but the defence will read it and can veto it I believe. You can attempt to say what you wish in the witness box but may be brought back to the matter in hand by the judge/magistrates.

[Justice4us]

Amazing information thank you ISLANDGIRL
so he didn’t even attend the pre trial, his barrister said there’s no plea because he’s “not well enough to have the capabilities to know right from wrong”. He is a strange guy but the judge will be able to see he’s procrastinating which costs the courts more money and he has to get evidence of being “insane”. The guy wouldn’t leave me and my son alone for a year whilst I was shielding. 9 Valentine’s Day cards, 15 teddy’s and sleazy underwear for one Valentine’s Day *♀️ He was just a neighbour that I complemented on his garden…then all of a sudden he’s in love with me. He was obsessed. I wanted him to get help because it was getting creepy but it escalated to threatening me in front of my boy which I can’t forgive!!! Ihave all the relevant evidence to prove stalking with fear of violence but the fight for the past 7 months has been me demanding the police take the evidence but wouldn’t because “it’s more typing up to do”. I have no other info on the defence, I haven’t even been given a crime number until I demanded it last week. The investigation got lost internally in October apparently too. It’s just failures all the way. Makes me feel worthless. Thank you so much for your help, aslong as I have some hope I can get through this. Just a shame police don’t live up to their standards or “values”. I don’t want this to happen to any other victim either and they can’t educate someone to have morals so I hope the internal complaints system gets changed, I’ve put it forward to my MP who is going to help with that after the trial. Thanks again And fingers crossed

[islandgirl]

You are very welcome. As you say he cannot just state that he is "insane". He will need evidence of this! The CPS should have all the info the defence will use by now (they cannot be ambushed with new stuff on the day) so if you can contact anyone in the CPS ask them! He may not turn up on the day of trial of course. The usual excuse is "covid symptoms" at the moment. Just explain calmly and clearly in the witness box exactly what happened and the effect it has had on you. You can get through this. Are you going to ask for a restraining order if he is found guilty? Not to approach or contact you by any means or to come into the curtlidge of your property for example.

[Justice4us]

I emailed cps a while ago and on Tuesday they emailed me to say they are forwarding my concerns to the area prosecuting lawyer and should hear back within three days but nothing yet. I’m desperate to speak to them. I do know that the guy has been intimidating elderly neighbours into providing a good character statement for him, but they refused.
so back when he was arrested the officer in charge denied it was stalking (because he refused to take more evidence, they even had my diary log which they wouldn’t let me back up with cctv) but yet he wanted to put a Stalking Order in place!!!??? Now they have decided to apply for a restraining order which I find quite offensive considering they were aware and failed to arrest him for threats he made last year even on camera. They failed to arrest him and his family for breach of bail. He still filmed me on his phone when I left my property and when I would film him doing this he didn’t bother to hide. This isn’t a tit for tat neighbour dispute, this was me and my son scared everyday with no privacy in my garden as his kitchen window looks into it. We are both on ground floor accommodation. There was a camera visible in his window and as soon as I would come outside I would hear his door creak open and just watch me over my wall.

my views haven’t been considered in regards to the restraining order, all this could have been avoided if he was arrested months before. He’s been moved now so he really has no decent reason to be round here as he doesn’t have friends apart from drug dealers and users.

the statistics of police failing to use their new stalking powers is embarrassingly low. My situation started way before this but there were so many missed opportunities. I understand the police have way more serious investigations to look into but every case they take on deserves the time and effort put into it. Every charge should have had all the facts seen before that conclusion.

the future is so unknown like you say, but only time will tell but I have no faith that fair justice will happen and things will only get worse before they get better. Thanks again for your time

[islandgirl]

It is good he has moved because the order can prohibit him from your road/street as well as from approaching you. Focus on getting this conviction and the order at this point. He will be arrested if he breaks it. Good luck and please let us know what happens.