five year old missing!!

[Redhead84]

I am a lawyer.

What worries me is people basically convicting someone who hasn't been charged with anything, it's trial by media that could have a serious effect in a subsequent trial. It may be him, it may not be - but to say "no doubt about it" before a trial is, to me, a strange point of view and reads to me as 100% guilty.

 

[Jem_x3]

I am a lawyer.

What worries me is people basically convicting someone who hasn't been charged with anything, it's trial by media that could have a serious effect in a subsequent trial. It may be him, it may not be - but to say "no doubt about it" before a trial is, to me, a strange point of view.

It doesn't mean that your particular point of view is correct or more worthy, sorry. Everyone has an opinion. Noone here is on a jury or is conducting a trial, they're speculating. They're talking about the case because it's affecting them and upsetting them. Talking about it helps. This isn't a formal setting.

 

[mumj18]

If you read back through the thread there's been loads of speculating over what people think have happened, whether he did it etc and no ones really jumped on anyone for giving their own opinion. This thread has been very useful for us all and we don't want to end up with it shut if this ends up an argument.

 

[Redhead84]

I am not trying to cause a argument and I apologise if my style of writing has led youth that conclusion.

Merely that there is a danger of putting all eggs in one basket with cases such as these, and the media does not help in my view.

I sincerely hope she is found safe and well, though I do fear the chances of that are diminishing with every passing hour.

 

[xprincessx]

seriously what is everyones problem?? Who the heck cares who is right and who is wrong in speculations.

Whatever has happened there is a little girl out there who is desperate to come home to her family and frankly we ought to be ashamed of ourselves arguing when there is an innocent little child waiting to be found!

 

[ChloesMummy]

Have they not searched it before now?!
Hope they find something.

I would have hoped so but the way its worded on the news makes ut sound like they havent yet as theyre only just unscrewing all the doors?

I thought this at first then realised the screws being undone on the door were from an outhouse next to the cottage that he lived in

 

[RedRose]

I am a lawyer.

What worries me is people basically convicting someone who hasn't been charged with anything, it's trial by media that could have a serious effect in a subsequent trial. It may be him, it may not be - but to say "no doubt about it" before a trial is, to me, a strange point of view.

It doesn't mean that your particular point of view is correct or more worthy, sorry. Everyone has an opinion. Noone here is on a jury or is conducting a trial, they're speculating. They're talking about the case because it's affecting them and upsetting them. Talking about it helps. This isn't a formal setting.

Just want to respectfully disagree with the bolded part. For me, the informal input of a lawyer at this point in the thread is very worthy.

 

[Midnight_Fairy]

I am just trying to hold on to that last bit of hope

 

[Lauraxamy]

I am just trying to hold on to that last bit of hope

Same.
I've been checking the news for updates all the while, it honestly breaks my heart. Poor little girl.

 

[suzib76]

I was actually hoping to see you on this thread redhead84, from a legal point of view you obviously know the situation regarding how long they can hold the suspect and where they can go from here. I myself have no knowledge of the legal system, how and why things are not going any faster, although of course they know a lot more than they will be telling

 

[jay92]

i was actually hoping to see you on this thread redhead84, from a legal point of view you obviously know the situation regarding how long they can hold the suspect and where they can go from here. I myself have no knowledge of the legal system, how and why things are not going any faster, although of course they know a lot more than they will be telling

^^^^^wss



x

 

[mumj18]

I was actually hoping to see you on this thread redhead84, from a legal point of view you obviously know the situation regarding how long they can hold the suspect and where they can go from here. I myself have no knowledge of the legal system, how and why things are not going any faster, although of course they know a lot more than they will be telling

Totally agree with you but other people should still be able to say what they think too.

 

[Jem_x3]

Interesting because I didn't realise he had a fixed address. As others were saying earlier there was signs of someone "living" in a deserted outhouse a few miles out from the river. Unless he was living there before renting again. Hope they find something.

 

[Mummy2B21]

I am also very greatful for readhead84's input a person with the more knowledge of how the legal system works a professional

 

[Redhead84]

I was actually hoping to see you on this thread redhead84, from a legal point of view you obviously know the situation regarding how long they can hold the suspect and where they can go from here. I myself have no knowledge of the legal system, how and why things are not going any faster, although of course they know a lot more than they will be telling

The Police can have up to 96 hours in total, after which time they must either charge or release, most likely on Police bail so he can be further questioned should the need arise. Beyond 36 hours (24 hours normal authority and a further 12 on the authority of a Superintendent) they must apply to the Mags to get an extension.

The questioning may be taking so long as they are required by law to give the suspect rest breaks, food and water - as much as it may grate that breaks have to take place when a little girl is alone and frightened, these are necessary if any information gathered in interview is to be admissible in court. They will be using specific lines on questioning designed to take the suspect down blind alleys and traps, but this does take time.

Forensic evidence will also be being gathered and he will be asked to give an account based on these findings.

I fully understand it is immensely frustrating, but there is a process to be followed, and if it is not then any defence barrister worth his/her salt will get the case thrown out of court.

On the media question, they will almost certainly know far more than they are giving to the press, as they have to be very careful not to prejudice any trial in the future - similarly the press must have regard to the Contempt of Court Act.

I am absolutely sure they are doing their very best to bring this to as swift a conclusion as possible, and do hope that she is found safe.

 

[mumj18]

I feel like they're getting closer. Hope this is the case!

 

[jay92]

They're also searching tr guest house where he worked now.
Thanks redhead xx

 

[nikkip75]

Out of curiosity Redhead is there anything they could charge him with even if they don't find any evidence other than the 7 year old identifying his car before their time is up?

 

[Redhead84]

Out of curiosity Redhead is there anything they could charge him with even if they don't find any evidence other than the 7 year old identifying his car before their time is up?

Without seeing exactly what is going on I can't comment with 100% confidence but it will be difficult.

As a suspect, he is not compelled to say anything at all in interview, so you aren't able to get him on obstruction for instance.

Further, you are not permitted to charge simply because you are running out of time. This is regarded as an abuse of process and would be challenged, most likely successfully, before it reached Crown Court.

One eyewitness can be enough to convict someone, however with that witness being a 7 year old, and in the absence of any other evidence whatsoever, I would be very surprised if the CPS would run with it purely on that basis. Get some forensic evidence and then you may be off to the races however.

Of course, if they do run out of time to question, this does not preclude them from questioning him further at a later date, or indeed charging him once more evidence has been gathered.

I should have added to my previous post - the Magistrates will have needed convincing to hold him in custody for further questioning, so the Police will have needed to have an argument as to why they need more time (forensic gathering is one of the most likely) and they succeeded in their application.

 

[FlowerFairy]

Thanks for that info Redhead. x

This is such an emotive thing to be discussing and i think so far everyone os doing really well at keeping it calm and respectiful xx