Abh Charges With Retract Statement

[Greenstar]

Hi my husband is being charged with ABH against me where I have a slight cut on my forehead and I given statement on the day that he hit me in my head and pulled my hair but I retract my statement after 4 days that the first statement wasn't right coz I lied about the hitting we only had verbal arguments and because it happend in the car and he drove a bit silly so I hit my head on the side of the window there are some witnesses accept me who seen me crying and upset in the car but no one seen the assault they only have me as a witness for the assault now even I have retract my statement and told in the second statement that I lied about the hitting they still charged him and taking this for trial infrong of jury in crown court he is still on remand because he had suspended sentence for some other conviction now my question is that I said to the police and witness care people that I will come to the court on trial but wat happen if I don't show on the trial day? Does the case drops or will they summon me to come to court and adjurn it for another day? Or shall I tell cps that I don't want to come on the trial and I don't want to support the case? Plz guide me thx

[ummmm]

If they summon you to court you'll have to attend.

[Greenstar]

But they only send me notice to attend court no summons at the moment

[ummmm]

It's still a notice to attend.

You'll make things worse if you don't. They'll assume it's intimidation and you're too scared.

Which statement are you sticking with?

[Greenstar]

The traction where I told them that I lied about hitting

[Greenstar]

So shall tell cps that I am nt supporting the case anymore I don't want to attend the court ?

[ummmm]

You can try I suppose but I don't think it works like that. They don't just drop cases or not call witnesses because people don't want to attend court or have changed their minds.

Did he actually hit you?

[Greenstar]

No he didnt we had argument and I was very angry and depressed that I wanted the police to take him away so I lied but I realised after and contact the officer incharge that I want to withdraw and don't want it to go to the court on the day of the first court hearing in megistrate court and the officer said he will come n c me in the morning before the court start but he never turned up then I went to megistrate and spoke to cps that I want to withdraw but the said until I retract my statement they will go with the current statement available

[EDDIE51]

This type of question comes up over and over again, the answer is always the same.
In domestic violence cases it is so common for a victim to 'withdraw' a statement that the CPS always proceed with the case.
You CAN NOT withdraw a statement once it has been made!
All you can do is to do as you did and make a second statement saying why the first one was wrong. The first statement is still evidence and will still be used in court.
The main and most common reason for a domestic violence victim to try to withdraw a statement is that they have been threatened with even more violence unless they 'drop the charges'.
I AM NOT ! saying this applies to your case but it is a VERY common reason for a victim trying to withdraw a statement.
If the case goes to court you MUST attend, if you do not attend you will be arrested and brought to the court by the police or a court officer.
If this happens you can be treated as a 'hostile witness' ! This means the court assume that you are refusing to attend because you are too scared of the person who assaulted you to come to court. This will make it a LOT worse for your husband!
You have no choice in the matter it has gone too far to change anything.
To sum up . As I said the case WILL go to court and you WILL have to attend, you CAN NOT say you do not wish to go to court! If you refuse to go you will be forced to attend by being arrested and taken to the trial.

[Greenstar]

Will they summon me on the day of the trial to take me to the court on the same day day or will they adjurn it for another day ?

[Peter Pedant]

// I went to magistrate and spoke to cps that I want to withdraw but they said until I retract my statement they will go with the current statement available //

you have been given advice by the mag and cps
why are you asking us ?

acutually I think it is wrong but... you know that is what they said to you

[EDDIE51]

^ what PP says is correct, until such time as you actually make the second statement the CPS will just continue with the original statement. As I said you CAN NOT withdraw a statement ( no matter what happens on TV shows!) you can only make a second statement saying why the first one was wrong. Both statements will still be used as evidence in the trial.
You will be given notice of the day and time of the trial and told you must attend. If you do not attend voluntarily the trial will be adjourned and a warrant issued for your arrest .
The warrant will be executed before the new date for the trial so that they can be sure you will be at court. This will probably be a day or so in advance. They would not want to come to arrest you on the day of the trial only to find you are not at home as that would waste even more time. This might mean you are arrested a day or two before the trail and held in custody then taken to the court by the police or a court bailiff.

[mikey4444]

Just tell the Court that you lied, and that should be the end of it, although you may be perused for wasting Police time.

[EDDIE51]

Please look at what I said on the 13th June about being treated as a 'hostile witness' . It will be much better for you and your husband to attend court without being forced and just explain why your husband is innocent.