Assault By Beating

[DavidVlad]

Hi guys,

I've got a court summons for Assault by beating - for which I have admitted striking (hitting/punching) the man.

I'd like a little help or assistance if possible?

There's a lot of background to this story. It really starts with my ex partner assaulting my children. Not just a smacked bottom, but throwing on the floor, slapping their face, and slamming their head into a wall.

I initially discussed this with my ex, and asked for full custody. Polity and calmly. This caused some friction, and access to my children was temporarily suspended.

Because of the nature of these concerns, I called social services in an attempt to ensure their safety. Social services were initially not interested, but after checking their records they also had a previous report from the girls school - which I was not advised of.

They promised to be back to me within a 'couple of days'. This was on the Wednesday

Friday came, and I hadnt heard anything, but didnt worry too much as it was approaching a bank holiday weekend, so I just thought that I'd speak with them on the Tuesday.

On the Monday, 26th August 2013, I had a phone call from my ex's more recent ex (and father of her other child, a boy). He advised that my eldest, a 7 year old, had had hear head banged off a wall as she'd upset her mother.

I called Social Services instantly and they advised that I could get there before they could, and to go and collect the girls and take them to hospital. Any problems and I've to call the police straight away

I've arrived at the home they reside at, and waited for their mother to arrive so that I could get the children.

When they got there, I advised why I was there and what I must do, and who has advised me to do it (Social Services). I also surreptitiously recorded this conversation as i know how manipulative this lady can be.

I'm hoping that this will be vital evidence, as it shows me calm and polite and concerned for the welfare of my children.

Throughout the recording, you can hear my ex assault my girlfriend and scream for her parents, who live behind her.

The recording stops when my partner calls 999, as it was on my iphone.

The father of my ex jumped over the back fence with a metal bar in his hand, threatening to "knock my teeth out". I told him to behave, or something similar and he lunged towards me.

I pushed him over and walked away. I have since learned that he sustained a cut to his arm when i pushed him.

I tried to get my girls into my car, and as I did this I was grabbed by the neck from the side

As I turned around, he had the bar raised above his head. I spun him around on to a car bonnet and hit him 2 or 3 times - until he dropped the bar.

This is all on the 999 call if they enhance it.

We were asked by the operator to leave the scene, and await the patrol car. Which we did.

I explained all this to the patrol car and they arrested the ex's father for common assault after literally saying to me "what else could you do?". They also arrested my ex for ABH on my partner.

Whilst talking to the patrol officers, the father of my ex drove past in his work vehicle (a taxi), asking for them to arrest me.

He has since complained of a sore eye, arm and ear. BUT HE WAS DRIVING HIS TAXI, WITH PASSENGERS, WITHIN THE HOUR.

The odd thing is that they were both released without charge THE FOLLOWING DAY. I've never heard of it being that quick.

After attending an interview under caution, I have had a summons for assault by battery for hitting him.

I think, from conversating with the police officer in charge, that the case has been pressed forward as I appeared aggressive to neighbours, and said neighbours didnt mention a metal bar in the hands of my exs father

[DavidVlad]

I do have recordings of my children saying that they saw the metal bar (they're only 6 and 7) and I know with absolute certainty that the enhance 999 call would have a mention of the bar too. As the man said that he only did this to make me react.

I also told the arresting officer this too.

What are my changes in magistrates court, and would it be beneficial to ask for a referral to crown court?

I recognise that the law is the law, and self defence is self defence, but its judged by people and I feel that I would stand a much better chance in front of real people rather than magistrates.

I earn too much for legal aid and I cannot afford legal assistance otherwise.

I'm stuck to be honest, and have absolutely no faith in the justice system.

In fact, I'm terrified if I'm honest

[EDDIE51]

Just one point I think 'assault by beating ' is a magistrates only offence, so you can't take it to Crown.
You need a solicitor urgently to advise you, you can get a free 1/2 hour advice which would be enough to tell you where you stand.
You really need to get hold of proper advice , there is too much to lose to worry about cost at present.

[EDDIE51]

Read this question from 3 rd Dec, in particular read the comment from
'New Judge.'
It applies equally to your case. You have a legitimate claim of self defence here.
But you really need a solicitor due to the complexity of the case and the issue of safety/custody of the children.

[EDDIE51]

Sorry forgot the link
http://www.theanswerbank.co.uk/Law/Question1296156.html

[New Judge]

Eddie is quite right, Common Assault is a "summary only" offence and can only be dealt with at the Magistrates' Court. The remarks I made in the earlier question to which Eddie kindly provided the link I think covers the "self defence" angle.

I can understand your apprehension but I think "terror" is unnecessary. I also feel that you have taken a somewhat pessimistic view of your prospect of being judged in a Magistrates' Courts ("I feel that I would stand a much better chance in front of real people rather than magistrates."). It is true that the acquittal rate by jury is slightly higher than in the Magistrates' Courts, but there are a number of reasons for this, mostly unconnected with those reaching the verdict. You may also like to know that Magistrates are "real people" too. They are unpaid and undertake their duties for an average of around twenty days a year. Anyone can become a magistrate. They naturally have more experience at judging criminal issues than do jury members - but that could work to your advantage.