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Title: Ombudsman to Assess Entitlement to an Independent Review [following unsuccessful prosection by the State].

Comment 9th August 2010

My idea is for there to be an Ombudsman type figure to whom one can appeal….following a State prosecution against an individual – when there is some question as to the appropriateness of the original prosecution…to order the setting up of an independent inquiry.

Why does this matter?

At present, all an indvidual can do….following a failed crown court prosecution in which the Judge has to order the jury to bring in a mandatory finding of 'not guilty'…is to complain against each of the state departments involved in such a questionably prosecution. This completely fails to get at the underlying reasons behind why the matter was taken through to prosecution…in particular, how it was that all three state departments [in the case of my brother: NHS Counter Fraud Department; Police;  and CPS] colluded together in such an inappropriate prosecution, at huge expence to the public purse, as well as causing so much needless stress to the individual and his/her family.

Despite the unprecedented comments of the Judge, in which he stated that my brother [and his co defendent] could walk out of his court with 'their heads held high', the police subsequently informed the Press that they were nonetheless right to have brought about such a prosecution. The clear innundo was that despite the 'not guilty' finding, these defendents were, in fact, guilty….it was just that the Police did not have the high level of proof required for a criminal conviction. And because there is no automatic review of such a case by an independent ombudsman type figure, the stigma caused by this police assertion….to my brother's professional reputaion and good name….remains  – with no formal recourse to the justice he deserves.

I ask for this hole in the British legal system to be closed.


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