Is it possible to reopen a closed case?
A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case. In a reopened case, the new evidence will be heard by the exact same judge, who will then render an updated verdict.
A notice is provided to the suspect or their solicitor to inform them of the decision, and that the investigation will be closed. When a suspect is made aware of the decision to NFA their case they should be alive to the fact that the case can be re-opened should further evidence come to light.
If you think the decision was wrong, you can ask the court to reconsider a sentence or conviction. For example, if there was a serious mistake or the court did not follow the right steps. If you disagree with the decision but there has been no mistake you will normally need to appeal to the Crown Court.
Under Section 142 of the Magistrates Court Act 1980, magistrates have the authority to get your case reopened in order to rectify an error. This might be used if you have missed a stage in the case proceedings, or if you have been found guilty and convicted in your absence.
Closing an investigation
If we close the investigation, it's probably because we've completed our initial steps and there are no other leads we can follow at that time. Sometimes we get new information or discover new evidence, in which case we can reopen the investigation and update you.
- Find and open the resolved case. You can locate a resolved case by searching for it, or by looking in your worklist or Recent list.
- In the Tools section, click Reopen. The action that happens depends on whether the case type that defines the case uses stages.
There is no general time limit for how long a police investigation can stay open in England and Wales. For summary only offences, which are heard in the Magistrates' Court, the case must be heard within twelve months of the crime.
After 24 hours at the police station
The police should not keep you in the station for more than 24 hours without charging you.
If the offences are not admitted, the police can take no further action, or charge you with a criminal offence and send you to court. If the police require further information or evidence, they can release you on bail. This means that you have to come back to the police station when they tell you to.
The general time limit for injury litigation is three years, with multiple exceptions and special cases.
Can you be tried again with new evidence?
The obvious application of double jeopardy is when law enforcement finds new evidence of the defendant's guilt after the jury has already acquitted them. The prosecution cannot charge them again, even if the evidence shows that they probably are guilty.
section 151 of the code provides that nothing in the Code shall be deemed to limit or... providing for reopening of evidence or recall of any witness for further examination or cross-examination, for purposes other than securing clarification required by the court, the inherent power under section 151 ...
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested.
When a case is disposed, all the proceedings are completed and the decision by the judge has been made. It does not matter whether the case is a civil case or criminal, the disposal of a case can take place only after the completion of all the issues and charges that are involved in the case.
127 of the Magistrates' Court Act 1980 enforces a strict time limit of 6 months from the time the offence is committed for the information to be 'laid on the court' in the majority of cases. There are some niche exceptions which apply to this rule.
An investigation is typically closed when all the investigation allegations are resolved, the investigation findings do not require further action by the organization, and the investigation is approved.
If the employer or person investigating feels they need more information, they can go back and investigate again.
In the majority of cases, the police can detain someone without charge for 24 hours, but this can be extended to 36 or 96 hours if they're suspected of a serious crime. Once a police investigation has been completed, including interviews, the police have to decide whether to charge the suspect.
May properly be presented only after either both parties have formally offered and closed their evidence, but before judgment. It is still possible to have trials or hearings. There has been no judgment rendered yet.
A motion to reopen is when there are new facts that were not discovered at the hearing or at the time the decision was made. A motion to reconsider is when the person argues that the government didn't apply the facts of the case correctly.
Can incidents in Resolved state be reopened?
To reopen a closed incident
The basic details from the closed incident are copied to it and a relationship is created between the new and closed incident request. The Re-open option is only enabled under Functions when the status of the selected record is Closed. On the new Incident Request form, click Save.
Effectively, this means the police must charge (or lay an information before a Magistrates' Clerk) within six months of the date of the offence (section 127(1) Magistrates' Courts Act 1980). For all other offences, there is no statutory time limit.
The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence.
The police will hold your property until all relevant matters have been dealt with. Once the letter of authorisation has been sent to you the general procedure is for them to wait 28 days for you to collect your property or for a response either by telephone or in writing.
It is not necessary for the accused person to prove his case beyond a reasonable doubt or in default to incur a verdict of guilty. The onus of proof lying upon the accused person is to prove his case by a preponderance of probability."