- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation Overview
I was a victim of assault outside a nightclub, and the perpetrator claimed in his police interview that it was unprovoked. There was CCTV evidence available, but unfortunately, the CPS failed to serve it to the defense. As a result, I had no evidence to present in court, and the case ended with the perpetrator being found not guilty. The CPS has acknowledged their mistake and admitted that the CCTV footage would have significantly strengthened my case, potentially leading to a verdict in my favor.
## Current Dilemma
Despite acknowledging their error, the CPS has offered me a mere £500 as compensation for their oversight. I am unsure if this amount is sufficient, considering the impact their mistake has had on my life. I have faced online abuse following the court’s decision, feel unsafe going out at night, and have even experienced property damage as a result of their negligence.
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I know enough to say this is the sort of question that has a lot of hidden complexity to it. I think only a solicitor with experience in both public law and criminal law will be able to give you solid advice about whether £500 is a reasonable offer.
I know enough to say that its quite hard work to make a claim against the CPS, so even without a solicitor’s advice, you might decide that any compensation is better than a fight.
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Hi OP.
This is an area I’m quite familiar with.
£500 is the most the CPS will ever offer you where you have not claimed any actual losses caused by their failure. It’s a good offer, reflecting a serious acknowledgment of their mistake(s). Someone has had to explain to their boss why they messed up, and why they now need to offer the maximum level of payment.
Receiving a consolatory payment does not prevent you from pursuing civil action, as a consolatory payment is expressly not intended to compensate you for any legal liability. It is also not an admission of any liability, so it doesn’t mean they think you have a claim (in fact, it tends to suggest they think you don’t).
Unfortunately, I don’t think you have any meaningful civil claim you could make. There are very few causes of action a victim can rely upon to claim against the CPS. Typically, this would be when someone has been the victim of a particularly serious crime, which approaches the level of torture, or inhuman or degrading treatment or punishment, and the CPS mishandles the prosecution. Think of serious sexual assaults, or prolonged coercive and controlling behaviour by a partner.
Even if you could establish some liability, it doesn’t sound like you have suffered the sort of harm which would result in damages being payable. For the claim to be actionable, you would have to show either financial losses, or serious psychological distress, which can be attributed to the CPS failures rather than the original crime.
Sorry to be the bearer of bad news.
The police should absolutely be helping you more with any retaliation that is coming from a prosecution. The criminal justice system relies upon victims of crime and witnesses being able to come forward without worrying about retaliation. Don’t be afraid to stress when reporting any incidents that you believe you are being targeted because you were a witness in a recent criminal trial.
This sadly does happen occasionally and if the defence hasn’t been served the evidence, the fault lies with the CPS – I’m unsure how many times the court chose to adjourn but usually it’s a maximum of 3 times.
In your shoes my actions would be the following:
-Talk to your solicitor regarding your choice of actions.
-Report the harassment and criminal damage you are being subject to to the police. Record everything in notes and pictures, CCTV if you can. Report it every time it happens.
I’m sorry this has happened, this is the result of a chronically underfunded and understaffed CPS.
As a matter of law though, what has happened since isn’t likely to materially affect the level of compensation. What comp usually aims to do is return you to the position you would have been in had the original incident not happened.
So the question ought to be is £500 fair for the assault (no comment here as your post doesn’t say how bad it was).
As for what’s happened since, as was suggested above, continue to evidence everything where you can and report it every time!
What happened in court when you asked about the CCTV out of interest?
I’ve had to remind the defence to mention the weapon used in an aggravated burglary where a man had to be tased 3 times as he tried to burn a pregnant woman’s house down.
The CPS are absolutely shagged.
Sorry that happened to you, OP. It’s a busy, manic, dogshit system we’ve got currently. And it often leaves good people behind in it’s turmoil.
If you had the choice, how would you have had the case resolved; what consequences and remuneration would you have liked to see for this offence?
Question to lawyers and people who understand law: if there is CCTV could OP pursue civil action against him and use the CCTV as evidence?
Have you looked at the CICS for compensation as well?
You may have a claim under article 3 ECHR. Please contact a civil liberties / actions against the police lawyer. Someone else on this thread has suggested you might only be entitled to damages if you have suffered harm. If your rights have been breached, then you are entitled to just satisfaction under the HRA in the form of declarations and damages. It matters not that you have not suffered additional physical or psychiatric injury, though if you had they would potentially increase the value of your claim.
You have him on another issue now, but this time, make it a civil case, and tell CPS, they’ll be expected too