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Caroline Flack: Why did CPS go ahead with court case after boyfriend withdrew complaint?


Caroline Flack was found dead in her home in East London on Saturday, February 15, aged 40. A lawyer for the family said the TV presenter had taken her own life.

The tragedy comes just weeks before she was due to stand trial for assaulting her boyfriend, Lewis Burton, 27, with a lamp in December.

The court heard Lewis had “received significant injury to his head”.

Caroline pleaded not guilty in court and was released on bail on the condition she did not contact her boyfriend.

Lewis himself did not support the prosecution and had withdrawn his complaint against Caroline.

READ MORE: Caroline Flack twin: Who was Caroline’s twin sister?

The service also said they ask two questions when making the decision to pursue a case in court:

“Does the evidence provide a realistic prospect of conviction?” and: “Is it in the public interest to prosecute?”

The CPS added the withdrawal of a complaint does not automatically stop the case.

Former CPS prosecutor based in the northwest of England, Nazir Afzal, explained on Twitter: “To those who want to understand why prosecutors pursue cases of domestic assault even when the victim withdraws.

“Let me explain why ‘victimless’ prosecutions (evidence based prosecutions as they are actually known) are pursued in the public interest if a ‘victim’ does not or cannot support the case.

“Last year there were 750,000 reports of domestic abuse to police [and] only 75,000 were prosecuted and 75 percent convicted.

“There were 120+ domestic homicides, each of these were obviously prosecuted without victims’ evidence. It’s to avoid the latter that prosecutors pursue the former.

“But only when there are allegations of serious violence and there is other strong evidence available such as 999 call records, police body worn camera, statements and interview.

“Sometimes you need to protect someone even when they can’t see it themselves. However, you must judge each case on its merit.

“Prosecutors make decisions without fear or favour – I can assure you the celebrity status or otherwise is irrelevant.

“Most offenders prosecuted aren’t even famous in their own homes.”

One of the reasons there are many more reports of domestic abuse than prosecutions is that often the person who made the complaint withdraws it.

This is why guidelines say domestic abuse prosecutions do not automatically stop if the complainant withdraws their support.

The CPS follows detailed guidance on the issue of mental health and covers a range of conditions covered by the Mental Health Act, learning difficulties, autism and dementia.

Police officers must draw evidence of the suspect’s mental health issues to the attention of the prosecutor.

The prosecutor may then request further evidence or reports and will ultimately have to consider whether it is in the public interest to prosecute.

That will depend on the nature and seriousness of the mental health issues, as well as the circumstances of the offence.

For confidential support call the Samaritans in the UK on 116 123 or visit a local Samaritans branch.



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