abh- domestic violence

[nat2003]

i was living with my boyfriend at the time and he started beating me up. i got out of the relationship and rang the police. he has been charged with 2 counts of abh and criminal damage. it has been to magistrates and is in crown for the first hearing next week. he has pleaded not guilty so far. what can i expect?

[New Judge]

Hopefully you can expect never to see him again.

However, you may have to if he continues with his Not Guilty plea and you are called to give evidence against him.

[Buenchico]

You've not stated why the case is before the Crown court. ABH is an 'either way' offence, so it might be that your former boyfriend has elected trial by jury as he (or his solicitor) believes that he might have a better chance of being acquittted. Alternatively, the case might have been referred to the Crown court because the magistrates believe that it's outside of their jurisdiction. They'd normally only do so if they thought that, if the defendant was convicted, their sentencing powers would be inadequate. So, if the latter circumstances apply, the court has already indicated that, upon conviction, a prison sentence exceeding 6 months would be likely.

Without knowing the exact circumstances it's hard to give an accurate estimate of the likely sentence but he's probably looking at a sentence somewhere between 12 and 30 months, with around half of that time actually being served. So, with a bit of luck, you won't have to see him around for quite some time.

Chris

[nat2003]

thanks for your answers. it was the magistrates decision for it to go to crown court. i have spoken to the cps and they have said that they would try and do this without me going to court. the police have also rang to see if i would like a screen putting up as well. when is it likely that i know if i will have to go to court?

[Buenchico]

Thanks for the response.

It usually takes a month or two (at least), from the date that the magistrates refer the case up, before an accused person has to attend a 'plea and directions' hearing. It's unlikely that you'd be required to attend such a hearing, as it only deals with administrative matters. However, it's important to you because that's the first opportunity for the court to set a date for trial. If a date is set, it would probably be two or three months into the future at least. The CPS and defence teams would then contact witnesses (including yourself) to advise them of the trial date. (A trial date isn't always set at a 'plea and directions' hearing. Sometimes either the CPS or defence ask for more time to prepare their case. If this is granted, the court will reconvene in a month or two to set the date for trial, which will still be several months in the future).

Although the CPS have indicated that they might attempt to conduct the prosecution without you being present, I think that it would be best to assume that you will have to attend (even though you might be behind a screen or giving your evidence through a video link). You're obviously a key witness in the case and everyone accused of a crime has the right to have the evidence of their accusers' challenged in court.

Chris

[nat2003]

the hearing has now happened and he has pleaded guilty to all counts. 2 being abh and 1 being criminal damage. he is now being sentenced on the 15th feb. thank you for your answers.