Can victim appeal a “found guilty” for stalking 2a because of seriousness URGENT

[Justice4us]

The defendant was found guilty of stalking 2a without fear of violence or alarm and distress even though the court saw CCTV proving threats of violence and even witnessed his aggressive behaviour in court. My young child witnesses the threats and affected him deeply. I have PTSD from the year of hell. The police have accepted they haven’t investigated fully abs the CPS prosecutor on the day aimed just for a restraining order even though I requested the trial to be adjourned to add all the breaches of bail and more CCTV plus my medical reports but she went ahead and didn’t even address my views on the restraining order. He was found guilty but the charge doesn’t reflect the seriousness of the crimes committed, even sexual assault and spying on me. Is there any way I can appeal or ask for a judicial review to show the case wasn’t managed effectively and that the charge should be 4a stalking with fear of violence and alarm or distress. Considering the magistrates saw his aggressive, disrespectful behaviour and CCTV proving he vandalised my property, watched me, videod me, threatened me in front of my child and intruded on my privacy. Any help would be greatly appreciated

[islandgirl]

The CPS will charge what they think is the most likely charge to get a result - I fully understand your frustration. I assume he has not been sentenced yet. Was a restraining order put in place? Are reports being done for a community sentence? As I have said previously the CPS prosecutors usually get the case on the day and know nothing of the background other than what they read. If he was found guilty his previous breaches will be part of the sentencing. The mags could not have been told about his history before the guilty verdict.

[echat11]

Hi Justice4us

Consider getting help from https://www.nationaldahelpline.org.uk/ (making an assumption), explain the situation, you feel that certain things have not been taken into consideration and you want to pursue this further, give solid reasons.

They might be able to help you lodge a complaint with the CPS, https://www.cps.gov.uk/feedback-and-complaints

[Justice4us]

Hi Islandgirl, thank you for the response. So the senior Cps prosecutor assured me the week before the hearing that himself would be prosecuting on the day but it was someone else who prosecuted. The senior prosecutor actually reviewed the case, changing it from harassment to stalking but it wasn’t 4a because he didn’t consider the diary logs which he had from me. The attending prosecutor wasn’t very understanding, in fact she was rolling her eyes and huffing when I said I think it should be adjourned until all evidence and witnesses were included but she was just aiming for a restraining order instead of justice for the offending. There was plenty of compelling evidence to show threats and controlling behaviour. The OIC assured me that the previous 999,101 calls and attendances would be included as one case but this never happened. The diary logs show the threats reported to the police and that we had to get cctv and burglar alarms for protection because the police failed to intervene until too late. The sentencing will be in a couple of weeks time, it’s just a shame that the failings by the police and CPS weren’t considered as I was just a witness really, with no voice. They are going to get a restraining order which will be effective from the sentencing date. Currently reports are being made for the sentencing date. The magistrate did make a stern point to the defendant that this may include a custodial sentence. It just doesn’t seem right that a whole year of stalking almost everyday is a summary only offence which could mean just a fine, which won’t deter him. The breaches of bail were alerted to the police who failed to “robustly take action”, leaving the defendant free to intimidate and video me. Even the police were intimidating me to not bring up their failings in court. I’ve spoken to Paladin the national stalking advocacy agency who agrees it’s a 4a offence with enough compelling evidence, they have been ignored by the police too because they’re hiding their failings. To be honest I feel so worthless, like it’s acceptable to do what he did to me and my family. I’m sorry for the long reply but I thank you for your time. I’ve been contacting anyone who could help or be my voice. It’s hard to read what the protocol for stalking is, yet to be treated different to other people. I don’t understand why there are procedures and case management rules when they’re not followed. The hearing lasted from 9-6.30 but was rushed because they wanted it finished that day. The magistrates won’t know how it seriously affected us until the sentencing but I’m sure if they read my victim impact statements that they would have maybe referred it to the crown court. It’s just ruined my life

[Justice4us]

Thank you ECHAT11, I will have a look at these, only it’s not a domestic abuse case, it was a neighbour who has now been moved but has still been seen around here. I’ve made a complaint to the CPS who is due to respond on the 17th which will be after the sentencing unfortunately. I’ve also spoke to the witness liaison unit who completely understand but I get told they are not legally trained. I’m hoping there’s some way I can get my points across to the magistrates and have even tried to contact the attorney general which I will be trying again. If the media put it out there that a case has partly failed then it will lower the public’s confidence in the judicial system which the courts don’t like. I’ll be making a point to my mp about how the internal complaints system in the police force is not logical as they all back each other. I think there should be a point of contact to get messages to the cps as a victim because the cps rely on the police to follow procedures which the complaints system fails. I’d like to thank everyone for your help, I’m willing to do anything to make this trial fair even if it drains me

[islandgirl]

You are doing really well and are very brave. The probation service will write a report after interviewing this person. It will look at whether he understands the effects of his actions on the victim or not. It will recommend a sentence. From what I see the sentencing range is High level community order – 26 weeks’ custody at the highest level but it depends which category it is put into. You can ask for your impact statement to be considered, Good luck and please tell us what happens.

[Justice4us]

Thank you Islandgirl, you’ve been great with all your help. I’m going to address the magistrates with my concerns because of all the failings by the police and CPS, not to be vengeful but to point out the mistakes that have been made and to consider referring the case. I have faith in the magistrates but I feel this is way more than a summary only offence that still affects me. I have two impact statements, one from last year and one to show how it affects me still, which I will address the magistrates to please allow me to read it all out. The defendant lied and contradicted himself in court so it’s obvious he has no remorse or respect at all. His phone and his mothers both rang in the court, which I assume they recorded the trial. The magistrates seemed very unhappy with him and that he relied on his mental health and alcoholism to get him out of this and crimes before. I’m a very honest person so I just cannot comprehend how anyone can lie like he does. Thank you for the support, I really appreciate it and will be back to let you know the outcome, stay safe and take care