arrested and nothing after case was provisionally withdrawn
Hello. I have been arrested in 2015 for kidnapping and assault. My ex girlfriend laid the charges after we have broken up. I was arrested and released on bail. Its been more than a year later and I have not heard anything. The case was provisionally withdrawn in Nov 2016. I had to hand in my passport and I cannot travel for work as a result of this. It is damaging my income potential. What should I do. Charlie
Hello. Technically there is nothing like a provisional withdrawal, even though prosecutors use those semantics indicating a possible re-instatement of the case.
However a case is either withdrawn or not, for various reasons, including the fact that the prosecution does not have a case on which to proceed to trial. A vast majority of withdrawn cases are not brought back to court, even though technically they can be re-enrolled. This means if they want to proceed you will have to be summonsed and not re-arrested.
My advice is that you should consider the case as finalized, until otherwise. If it has not been re-instated since November 2016, it is unlikely it ever will.
When cases are withdrawn or “ provisionally withdrawn “ you are entitled to collect your bail money and your passport. Go to the investigating officer and ask for it. If he refuses go to the control prosecutor at the Magistrates court to assist you get it back. All the best.