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Proper way to complain, or even do I complain?


Proper way to complain, or even do I complain?

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NigelV2
NigelV2
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Not sure how to put this, or if it's the idea of this forum,but anyway...
I went to court last year to have a civil order varied, when I got to court and was handed the 'case' from the police/cps, the charges listed in it were wrong.  They listed section 4 harassment when I'd been convicted of section 2 and they had also exaggerated other charges as well.  The outcome of the case was the order was varied and I can go back next year in the hope of getting it discharged.  I raised this mistake with the police after and their answer was effectively 'we have more important things to do'.
I felt bad enough about the charges I was convicted of without the police exaggerating them and I'm also worried that these false charges could affect my chances of getting the order discharged next time.  My main problem is not the order or any other parts around it, but more that until this order is removed, my convictions will not be spent and therefore affect my chances of gaining employment.
Debbie Sadler
Debbie Sadler
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Hi Nigel

I would suggest that if you haven't already done so, you should get a copy of what's been recorded on the Police National Computer. You do this by applying to ACRO for your Subject Access Request. I've attached a link  - https://www.acro.police.uk/. It will cost you £10 but will set out the exact details of what you were charged with and the sentence you received.  If you believe that details have been recorded incorrectly on the PNC then you'll need to get hold of your Court Records which should verify what you were in court for. 

Once you've got evidence that a mistake was made when you went to court last  year, you'll be able to provide these details as and when you go back to court for the discharge hearing.  

If you're unable to get evidence from the court then your best bet would be to speak with the solicitor that originally represented you. 

Hope this helps.

Debs

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NigelV2
NigelV2
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Deb S - 3 May 17 4:18 PM
Hi Nigel
Once you've got evidence that a mistake was made when you went to court last  year, you'll be able to provide these details as and when you go back to court for the discharge hearing.  

If you're unable to get evidence from the court then your best bet would be to speak with the solicitor that originally represented you. 
Thanks for that.
The police even included a PNC printout at the court hearing - minus the page which said the section 4 charge was dropped and I was convicted of section 2.  I also have a copy of a reply to an e-mail which I'd sent to the police officer who wrote the statement, where I'd pointed out that the police had previously used the section 4 charge in error - this e-mail was prior to the court appearance.  He said that someone else was responsible for sending it to probation - so he was aware of this prior to the court appearance!
The other matter was a case of TIC's, which I don't think is recorded on the PNC (would have been helpful) as they come up with a figure which is significantly different - over 3 times what it should be.
It's frustrating as currently looking for work and it's the only reason why my conviction isn't spent.  So getting this order removed is quite a big thing and causing me anxiety problems when the police seem to make things up as they go along.
John Doe
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I will be making a complaint to the NCA after conclusion of my case, and I doubt it will make any difference, but I feel the need to voice concerns I have during the charging process, but do not want to do anything that will rock the boat till the case is concluded.
GO


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