Re: no physical evidence

Doesn't have to be. What physical evidence would there have been for Stuart Hall or Jimmy Savile after all that time had passed? Doesn't make them less guilty.

Re: you cannot see for the life you how there was any realistic prospect of a conviction

The CPS prosecutor clearly thought there was. This is what they had to satisfy to want to take the case forward

The Evidential Stage
4.4 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.

4.5 The finding that there is a realistic prospect of conviction is based on the prosecutor's objective assessment of the evidence, including the impact of any defence, and any other information that the suspect has put forward or on which he or she might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.

4.6 When deciding whether there is sufficient evidence to prosecute, prosecutors should ask themselves the following:

Can the evidence be used in court?
Prosecutors should consider whether there is any question over the admissibility of certain evidence. In doing so, prosecutors should assess:

a.the likelihood of that evidence being held as inadmissible by the court; and
b.the importance of that evidence in relation to the evidence as a whole.
Is the evidence reliable?
Prosecutors should consider whether there are any reasons to question the reliability of the evidence, including its accuracy or integrity.

Is the evidence credible?
Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence.

Posted By: Johnny Comecardiff on September 10th 2013 at 15:57:42

Message Thread

Kevin Webster not guilty (General Chat) - norway, Sep 10, 15:26:19
- Glad for Rosie and Sophie. (n/m) (General Chat) - Bravo win or die, Sep 10, 16:22:33
- Whoever at the CPS decided to take that case to court has questions to answer (General Chat) - Jim, Sep 10, 15:44:29
  - So a victim without third party evidence will never get access to justice? (General Chat) - CWC, Sep 10, 16:54:47
    - I agree with you on the publicity/naming of the accused point (General Chat) - Jim, Sep 10, 17:21:32
      - Ched Evans rape case ring any bells? (General Chat) - CWC, Sep 10, 17:51:34
        
        Consent (knowing or reckless) is slightly different point to (General Chat) - Jim, Sep 10, 18:11:12
        
        point taken but not sure how you prove some of these things (General Chat) - CWC, Sep 10, 19:08:26
        
        Whole thing raises deep moral and legal issues but (General Chat) - Jim, Sep 10, 19:41:08
    - Exactly that (n/m) (General Chat) - Johnny Comecardiff, Sep 10, 17:00:16
  - Must have missed your tenure as a crown prosecutor (n/m) (General Chat) - duke of york, Sep 10, 16:00:08
  - Re: no physical evidence (General Chat) - Johnny Comecardiff, Sep 10, 15:57:42
    - Asked and answered JCC. (General Chat) - mike_the_sphinx, Sep 10, 16:26:20
    - didn't hall admit it? (General Chat) - SCC 28, Sep 10, 16:00:36
      - Only after denying it and having the CPS take the case to court. (General Chat) - Johnny Comecardiff, Sep 10, 16:07:49
        
        I didn't say it was but (General Chat) - Jim, Sep 10, 16:16:59
        
        More evidence was brought forward as part of a review of the case. (n/m) (General Chat) - Johnny Comecardiff, Sep 10, 16:23:25
        
        They must have had absolutely nothing before then (General Chat) - Jim, Sep 10, 16:31:53
        
        Was it always your dream to be a crown prosecutor? (General Chat) - duke of york, Sep 10, 16:39:45
        
        That the best you can do? (n/m) (General Chat) - Jim, Sep 10, 16:48:48
        
        You want me to make an *effort*? (n/m) (General Chat) - duke of york, Sep 10, 16:54:41
        
        on that basis everyone on here dreams of being a referee (n/m) (General Chat) - SCC 28, Sep 10, 16:41:28
        
        Whoosh (n/m) (General Chat) - duke of york, Sep 10, 16:42:18
        
        oh ffs it's you 2 flirting against isn't it?! (n/m) (General Chat) - SCC 28, Sep 10, 16:43:41
        
        'On the basis of no proper evidence' (General Chat) - Johnny Comecardiff, Sep 10, 16:36:41
        
        The CPS were wrong then weren't they (General Chat) - Jim, Sep 10, 16:48:25
        
        We will have to disagree but I think you've just applied the wrong test on the CPS (General Chat) - Johnny Comecardiff, Sep 10, 16:54:26
        
        sorry but I'm not applying the wrong test (General Chat) - Jim, Sep 10, 17:00:41
        
        Sorry that was in response to the post re physical evidence (n/m) (General Chat) - Jim, Sep 10, 16:18:02
        
        yeah but didn't this case rely on it (General Chat) - SCC 28, Sep 10, 16:11:56
      - and there were multiple accusers not just one (n/m) (General Chat) - SCC 28, Sep 10, 16:02:05

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