Prison Backlog

Please note this is to show what the Falsely accused and their families have to put up with.

Sad reading but sadder for those involved in the backlog.

Margaret

FASO helpline 20.11.20


England: Criminal justice system being brought ‘to its knees’

The criminal justice system is being brought “to its knees” in England and Wales, James Mulholland QC has said.

The chair of the Criminal Bar Association told The Guardian that the pandemic had worsened the crisis but that severe cuts to the Ministry of Justice since 2010 had left it dangerously under-resourced.

He said, as a result, that “very vulnerable people who have to go through the system are being let down. You can’t have a completely under-funded system from beginning to end”.

There are some 50,000 Crown Court cases pending, of which about 33,000 will involve full trials. The Crown Court completed only 12,00 trials last year, Mr Mulholland said.

“The system is in logjam. We are having some cases listed into 2023 for trials where people are being released on bail sometimes for offences like rape, sexual offences, affray and significant burglaries.

“Sentencing judges are now entitled to take into account the Covid experience [and deliver reduced prison terms] – so while the innocent may be held longer [in custody awaiting] trial, the guilty are benefiting.

“We are holding people in custody for up to 18 months. There’s no compensation if they are found not guilty. We have 17-year-olds who are not going to be tried until 2023. Will they have to spend their youth waiting for an outcome that will impact their whole life?

“The government says it is going to be tough on sentencing but at the moment only 7 per cent of police-recorded offending ends up in a [prosecution].

“There’s a one in 50 chance of a pensioner who is burgled seeing that person brought to justice. The police don’t have the resources. Only 1 – 1.5 per cent of [reported] rapes result in charges. Even then it’s 1,319 days for the average rape case to go through the system from actual offence to completion.”

You Can No Longer Send Cheques/Postal Orders/Cash to Prisoners

From 2nd November 2020, you can no longer send cheques/postal orders to prisoners in the UK, you have to make the payment by debit card.

When making a payment, you will need prisoners name, date of birth and prison number.

Likewise, prisoners can no longer send Cheques/Postal Orders/Cash to anyone outside the prison, not even their family!

If you wish to send money to a prisoner, go here: https://send-money-to-prisoner.service.gov.uk/…/details/

Margaret

FASO 2.11.20

Scottish Legal News

The difference in numbers is ‘obviously those falsely accused of sex allegations’ as we hear daily on our FASO helpline.

Although we cannot quantify such a high number, the lack of access to FASO, as our details are not provided to those in need, at police stations and elsewhere, FASO are found by stint of perseverance looking for support (unlike those given victim support ) in their distress and ongoing mental health issues, caused by wrongful allegations.

To get a true picture, statistics need to be kept on those who also maintain their innocence. The truth may then appear.

Margaret

FASO 23.10.20



Subject: Scottish Legal News 20/10/20

England: Prosecutors given guidance on sexting, online dating and hook-ups

Prosecutors in England have been given new guidance on the impact of digital technology on sex and relationships, including the emergence of new rape myths links to sexting, dating apps and casual sex.

The first fresh guidance on rape myths and stereotypes since 2012 is aimed at reflecting social changes and the growth of digital technology.

Working alongside victim support groups, the Crown Prosecution Service (CPS) found that changing use of technology has led to the emergence of “new myths”, linked for example to sharing of explicit selfies, use of dating apps, and casual sex.

Siobhan Blake, CPS rape lead, said: “There have been massive changes to the way people live their lives in the last 10 years and this has undoubtedly transformed the way people interact, date and communicate with sexual partners.

“Rape remains one of the most complex criminal offences and that is why this updated legal guidance addresses 39 common myths and stereotypes.

“As dramatic technological advances have changed the way people meet and connect, it’s vital those in the criminal justice system understand the wider, social, context of these changes.

“For example, many teenagers believe that sending explicit photos or videos is a part of everyday life. Our prosecutors must understand this and challenge any implication that sexual images or messages equate to consent in cases of rape of serious sexual violence.”

The new guidance also includes updates on the impact of trauma, in particular how the memory of a victim or complainant can be affected, and reasonable lines of enquiry, refreshing guidance on striking the appropriate balance between privacy and a thorough investigation.

Changes have also been made to guidance when considering cases involving same-sex sexual violence, and when there are victim vulnerabilities, with a focus on psychological and mental health issues.

The new guidance comes in the wake of a steep decline in the number of cases referred by police to the CPS and the number and proportion of rape cases prosecuted.

Rape prosecutions have dropped by 59 per cent since 2016-17, to 2,102 and 1,439 convictions in 2019-20. Reports of rape, however, rose by a third to 55,130. Referrals from the police to the CPS have fallen by 40 per cent since 2016-17.

Legal news

Irish legal news 6.10.20

In order for those maintaining innocence off crime, the loss of any of their information is more than a breach of data protection, it is a breach of human rights when the falsely accused are found guilty in court through lack of the correct evidence supporting their case. You only need to look at Liam Allen’s case to see the tip of the iceberg. Why are there no prosecutions of those responsible?

Margaret FASO 14.10.20

England: Prosecutors guilty of over 1,500 data breaches in the last year

The Crown Prosecution Service (CPS) has recorded 1,627 data breaches over the entirety of the 2019-20 financial year, up from 1,378 in the previous financial year, according to official figures.

The data, contained in the annual CPS report and analysed by Griffin Law, a UK litigation practice, also revealed that 59 incidents were so severe that they were reported to the Information Commissioner’s Office (ICO). Analysis revealed that these incidents potentially affected up to 1,346 people.

The period from January to March saw by far the largest quantity of severe personal data incidents, with 21 data handling incidents leading to loss of ABE and media discs, as well as an additional 18 incidents of unauthorised disclosure of case information, impacting a whopping 1,233 people in total.

By comparison, just 11 incidents of unauthorised disclosures of case information affected 56 people in the period of October to December 2019, 12 data handling incidents and unauthorised disclosures of case information impacted 34 people in January to March, and 23 people were impacted in April to June 2019 by 15 total personal data incidents.

In total, 1,463 of the total data breaches recorded over the entire financial year, were due to unauthorised disclosure of information, with 78 being considered ‘severe’. A further 143 of the total incidents were due to loss of electronic media and paper, and in 22 of these instances, the data was never recovered. Finally, the final 21 reported cases were due to loss of devices, including laptops, tablets and mobile phones, although only one of these devices was not eventually recovered, and no CPS data was compromised as a result.

Donal Blaney, principal, Griffin Law, said: “The government’s nonchalance over these persistent threats to the UK’s national cyber security is troubling. In the light of international concerns surrounding hacking and ransoms, not to mention the missing ‘papers’ included in this report from the ICO, can we be sure there aren’t more incidents that go unreported or undetected?

“These charts reveal very little follow-up action is ever taken and that every faith is placed in the encryption software installed on government-issued devices. To state that, ‘no CPS data has been compromised’ is a very bold claim and one which, in my opinion, requires further clarity.”

Cyber expert Andy Harcup, VP, Absolute Software, added: “The Crown Prosecution Service oversees some of the most sensitive data imaginable, from confidential case files to personal details of witnesses and victims in criminal trials. Against this backdrop, these figures paint a worrying picture of the organisation’s approach to data and device security, with many incidents appearing to put the safety of individuals at risk and some so serious they required notification of the Information Commissioner’s Office.

“Moving forward, the CPS needs to up its game, with a much more rigorous approach to securing personal data. Key to this effort is ensuring that every mobile device or laptop is protected and retrievable, so that they can be wiped or frozen in the event of loss or theft. Additionally, staff need better training on how to reduce data loss incidents, to preserve the integrity and public trust in the CPS brand.”

Scottish Legal News 12/10/20

No-one, we all agree should suffer Domestic abuse, but that also includes men/others, as we here on our helpline – so when there is certainty, and false allegations have been identified. what happens to the falsely accused person made homeless.? Nothing! as nothing is done about the wrong allegation and righting it by those who have caused it. There is no apparent engagement with the Male domestic violence groups, on this issue that FASO are aware of – that begs the question! why not? Margaret FASO 14.10.20

More protection for Domestic Abuse victims

Police and courts will gain powers to remove suspected abusers from victims’ homes and ban them from re‑entering under new legislation published today.

The Domestic Abuse (Protection) (Scotland) Bill, if passed by Parliament, will also allow social landlords to end or transfer a tenancy of a perpetrator of domestic abuse to prevent a victim becoming homeless and enabling them to remain in the family home.

Justice Secretary Humza Yousaf said: “The Covid-19 pandemic has highlighted the importance of protecting women and girls who find themselves isolated and vulnerable due to the actions of an abusive partner.

“This new bill will apply to all those at risk of domestic abuse, but we know women are disproportionally affected, representing 80 per cent of victims. A person’s home should be a place of safety and the new orders being introduced will give victims of domestic abuse space and time to address their longer term safety and housing situation.

“The bill builds on our legislation that came into force last year giving police and prosecutors greater powers to target those who engage in coercive or controlling behaviour.

“The Scottish government is determined to protect everyone from domestic abuse and, at the same time, we will continue to implement our Equally Safe strategy with a focus on supporting women and children at risk of abuse.”

Dr Marsha Scott, chief executive of Scottish Women’s Aid, said: “Domestic abuse is the leading cause of women’s homelessness in Scotland, with women often facing the impossible choice between living with an abuser and making themselves and their children homeless.

“We have long said that Emergency Protective Orders will make an immediate and significant difference for those women and children, offering them respite and breathing space as they seek support and safety. The role of social landlords is also key in this, and so new powers to allow them to help survivors of domestic abuse to remain in the family home are welcome news.

“We look forward to continued engagement with colleagues from all parties to strengthen the legislation even further as it makes its way through Parliament.”

Downing Street ‘to set target for rape trials’

CRIMINAL issues

Taken from information in prison accessed newspapers sent to FASO

Downing Street ‘to set target for rape trials’

Precise – police and prosecutor could be set target to increase the number of rape cases brought to court, following sharp decline.

Comment: The Police training college brought out training instructions that investigations had to be equal, between accused and accusers – all accused have their media items especially phones taken, you may ask! ‘why is there a problem taking the accusers’ phone.

I hear the CPS are now actually pushing through more cases of rape through to court – despite the fact the investigations were identifying cases that were weak in evidence, of accusation. Has the police college instructions being overridden, because the falsely accused were being identified, not to the liking of some organisations/groups/news media – hence their cry of falling figures sent to court

The CCRC have produced figures as the result from a freedom of information request of the applications received at the CCRC of sex offences. The dates are between 2010/11 and 2017/18 that were sent to the RCJ (Royal Courts of Justice)

Received – 1,948, 2010/11 – 10 cases, 2011-12 – 2 cases, 2012/13 – 7, 2013/14 – 2, 2014/15 – 1, 2015/16 – 1, 2016/17 – 1, 2017/18 – 1, 2018/19 – nil, 2019/20 – nil

Cardiff innocence project was the last case we know of, who had an overturning of conviction.

Our Organisation along with others are still awaiting the outcome of the APPG discussions on the ‘CCRC not fit for practice’ deliberation.

Covid practices – No support for those falsely accused of sex offences and are being made to go to the police station for interview. That may be despite them being part of a vulnerable Covid family, whilst solicitors are supporting them by phone. Some accused, with families, are being made homeless, whilst child protection investigations are ongoing. No police/cps government support for the accused – who suffer along with families greatly, whilst awaiting both Police/CPS delayed decisions followed by delayed court procedures.

FAMILY issues

One of our callers has been deeply upset and was looking for support for families with children (of whatever age) suffering from FAS/FAE/FASD. These produce unrecognized symptoms by most, especially by police and CPS, (in the UK) when investigating those accused of sex allegations

It is apparently not very well known of – However there is some information to be had on – https://journals.sagepub.com/doi/abs/10.1177/0308575915599862

Margaret

FASO UK 11.10.20

Article: Modern-Day Witch Hunts

Please see the below article:

Roberts, Joan L. Mrs. (2020) “Modern-Day Witch Hunts: How the Mental Health Industry Abuses Patients and the Judiciary While Committing Fraud,” Conspectus Borealis: Vol. 5 : Iss. 1 , Article 4.

https://commons.nmu.edu/conspectus_borealis/vol5/iss1/4

She says:

In 2010 my husband and I (Air Force veterans) were falsely accused of a crime that did not exist. Soon, I found other parents in the same predicament. Following years of research, I connected false allegations and false claims, to therapists and CPS engaging in junk science. It disturbed me that self-regulated licensing boards were allowing licensees to commit fraud and false claims, with legislators standing mute.

I set out to right the wrong of child endangerment and adult vulnerability abuse manifested through psychologically controlling tactics and ‘regressive’ memory therapies. It provably destroys lives, creating a scenario of false allegations and wrongful convictions.

In May 2020, I graduated with honors from Northern Michigan University, earning a degree in criminal justice. University peers reviewed and published my final article on this damning phenomenon. Citing case studies, it summarizes junk science, leading the reader to understand resulting patient abuse, related suicides and, wrongful convictions of third parties.

Michigan legislators have a current bill (Senate Bill 111) addressing the multi-problematic self-regulated peer boards. To counter continuing abuse and false claims, legislators must fine-tooth comb all mental health regulations and statutes that shield licensees. My article link and testimony, regarding SB 111, is published on the Judiciary and Public Safety site.

The injustice of therapy abuse and false claims is tragic; the victims, many. I examined costs to all parties, notwithstanding states’ expense through deserved exonerations of innocent third parties. However, licensees continue business-as-usual . . . your tax dollars at work.

Please consider reading and sharing my article, Modern-Day Witch Hunts: How the Mental Health Industry Abuses Patients and the Judiciary While Committing Fraud.https://commons.nmu.edu/cgi/viewcontent.cgi?article=1120&context=conspectus_borealis

After three decades of state and federally funded therapy beliefs that abuse patients and the judiciary, it is time to stop the destruction. Patients and third parties have a right to know that bad therapy can wreak havoc in their lives and turn them against their own families. Patients pay while therapists financially benefit. This is wrong.

I have been interviewed four times on radio and presented in criminal justice classes. In addition, I was a guest speaker at the 2019 Upper Peninsula Conservative Political Action Conference. In my spare time, I volunteer for the National Center for Reason and Justice.

Please help educate the public and our judiciary by sharing the article.

Thank you for reading,

Joan L. Roberts

Downing street to set target for rape.

Inside Time report – https://insidetime.org/downing-street-to-set-target-for-rape-trials/

last paragraph – Sarah Crew, the National Police Chiefs Council lead on rape, told The Guardian: “Police remain committed to the cross-government review of how the criminal justice system handles rape. That review is still ongoing and is yet to report its findings … Outcomes for victims of rape are not good enough and all of the criminal justice system will use the review’s findings to improve.”

NOT GOOD ENOUGH – THE RAPE INVESTIGATIONS SHOULD BE ABOUT JUSTICE – NOT ‘NOT GOOD ENOUGH’ tell that to THE MANY FALSELY ACCUSED OF RAPE/SEX OFFENCES WHO HAVE BEEN . check out the BBC 3 film ‘I am not a rapist’ and weep.

Questions asked by a prisoner because of false allegations, (see ‘I am not a rapist’ iplayer . https://www.bbc.co.uk/iplayer/episode/p08pldr0/i-am-not-a-rapist ) whose case has been turned down by the CCRC, asked about Their statistics for the following listed years – applications received 1,948 since 2010/2011 – that relate to sex offences. sent to the court of appeal – 2010/11 – 10, 2011/12 – 2, 2012/13 – 7, 2013/14 – 2, 2014/15 – 1, 2015/16 – 1 2016/17 – 1, 2017/2018 – 1.

The CCRC is being investigated by the All All-Party Parliamentary Group (APPG) on Miscarriage of Justice to see whether they are providing a proper service in forwarding/not forwarding cases to the Royal Courts of Justice (RCJ) for assessment. if they think there is a real possibility that they (the RCJ) will quash that conviction or change the sentence. If the CCRC refer a case it means that there must be an appeal. It is then the court’s job to arrange and hear the appeal and decide whether or not to quash a conviction or change a sentence.

Scottish Legal News

Courtesy – Scottish Legal News 3/9/20

Those being released from prison in England and Wales are receiving these polygraph tests – but they are not used when the police are questioning people subject to sex allegations. this begs the question WHY!

Margaret

FASO

UK government told to keep pseudoscientific polygraph tests out of Scotland

John Finnie

The Scottish Greens have told the UK government to keep their polygraph tests out of Scotland’s legal system following reports that ‘Jeremy Kyle’ lie detector tests could be rolled out across the UK for convicted terrorists.

A review of terror legislation has recommended the polygraph tests – despite the fact they are widely regarded to be pseudoscientific. Polygraph technology is most widely used in the US.

Justice spokesman John Finnie said: “Amnesty International have rightly expressed serious concerns about the use of these tests, which are already used by officers in England and Wales. There is no evidence that they work, and there are books published about how to fool these tests.

“Scotland has always had a separate legal system, and the Tories have no mandate to meddle with it in this way. If UK ministers are so confident in the efficacy in this disproven method, they should take the test themselves over their claims on NHS spending and their intentions to dismantle devolution and hand Boris Johnson a veto over our parliament.”

Justice Secretary Humza Yousaf tweeted: “We don’t use ‘Jeremy Kyle’ polygraph tests in our Justice system in Scotland, never have. UK Govt Ministers want power to introduce them in Scotland without consent of Scot Govt & Parliament.

“This measure won’t keep us safe.”

He added: “What’s worrying is UK Govt want to be able to bypass Scottish Parliament & Govt & have power to introduce polygraph tests in our justice system without our consent – justice is devolved (hence why they would need an LCM).”