Section 18??

[sisterhelp]

My brother has been charged with section 18 and awaits trial. He has no previous convictions and he only acted in self defence after being harrassed for the past months. He has pleaded not guilty and was hoping they would drop it to a section 20 but have not. Whats the chance of him getting off with doing time in prison. He comes from a good family and the person involved has a long list of arrests etc.. Advice needed..

[DONNAKEBABUK]

Dear Sisterhelp.

As you will be aware a S.18 is a serious offence and dependant on whether or not your brother used a weapon will determine sentence. Is there intent with it? I would suggest that your brother gathers as much evidence of the harrassment he has received by the aggrieved. If alcohol was involved, advise him to refer himself to alcohol services (even if he doesnt think he needs it) and to gather as much evidence as he can that he is doing something to ease his anger. There is a cheap course he could do which is called Alternatives to Violence and is country wide, you can find it on the web. As it is his first offence he will be able to gather character witnesses. Dependent on the injuries sustained by the aggrieved, whether he needed hospital treatment etc I should imagine he will receive a huge fine, community service, probation, an anger managment programme if found guilty that is!! I would suggest that he elects a crown court trial with a mixed jury. Get him to get the best Barrister that money can buy and if he doesnt like his Barrister then to sack him. He does not have to go with what his solicitor instructs. I wish him luck. The Law Sucks !

[sisterhelp]

It was definately not with intent altho a knife was involved. There were other reasons for having the knife on him and he only used it once he couldnt stop the other guy from hurting him as he is a known vicous fighter. He does have a good barrister and is going to crown court in the next few weeks but the whole family including my brother are besides themselves. We just dont find it fare that these yobs can go about terrorising people and then when they do retaliate (knife i know was a mistake), these are the people that get the punishment! The law just does not seem to help the people who need it. The other guy in question had injuctions as he had been harrasing him for months. We just hope the jury see it this way as there were stitches to the face due to the incident.

[DONNAKEBABUK]

Hi Sisterhelp. It is no wonder that you are beside yourselves with worry. I know this is hard but what is to be will be. I am in a situation at this moment in time myself and heartbroken (see the Section 39 question below yours) both my Mum, little girl and I cry ourselves to sleep at night over it. Trial will consist of decent members of the public, your brothers Barrister will have a VERY CLEVER way of getting this mans pc's out of him. I am wondering how many witnesses there are to the attack. Knife bit doesnt sound good, he must concentrate on how much this other man has harrassed him.To be fair, the type of person he sounds like may not even turn up at Court, knowing how he is going to be lets say....slated and of course if brother has witnesses to the harrassment then I suggest that he goes 4 SELF DEFENCE. The Judge will direct Jury 2a NG verdict if he is able to carry himself well in Court. you know the stuff. If he IS found guilty, then because this is 1st offence Judge will direct Probation Services for a Pre Sentence Report.I would also suggest to your brother that he gets his Barrister to ask for a Psychological Report on how mentally terrorised he has been by this bully who he was forced 2 take a knife and to himself refer HIMSELF 2 an anger managment programme (even if it is just to show the judge that he is willing to address whatever problem he might have I would say since it it his 1st offence and he has good defence/miti then he may get a tag if guilty.On other hand, if he goes to prison, dep on injury, he may blooking at 18 months, which he will serve half, then another 3 months on tag so 6 months.Tthat sounds terrifying but I am trying to be honest. Ive had a previous career as a PA in Criminal, I am just trying to help u with what I know. Any advice u could give me on my problem would be helpful.most a trying time 4u but as a family, sticking together, ur love/support 4 each other will get u through this tough time.
Katie, Lancs.

[n30von]

i was charged last year the very same thing my solicitor asked for back ground reports to be done and that i was willing to do community service all that got done and i got a fine of �250 to pay �10 a week i hope this helps good luck.

[blondegirly]

speak to his lawyers they are the only ones who can advise properly. not possible on forum like this without full facts . lawyers wil be able to advise re deals on s20 but why plead to that if not guilty thru self defence? character references from people of standing in the community would help, who know bro and know offence and can say completely out of character. lawyers can apply for bad character of complainant to be adduced if relevant (sounds like it is).

probation reports etc may help avoid prison but it is something that you should prepare for as is a risk if convicted particularly given the knife. the Judge wil take a dim view of vigilante action altho a jury may sympathise. Court expects police to be adequate etc

[ladydonna198]

Well they are ******** they dont care if he he helps old people and i wel spioken and polite. As my boyfriend went down on monday for 5years for the same thing he was also attached 1st.. He has been on bail for 3 years then for the judge to say hes a freat to the public????
Well why the F**k he been allowed to rome the streets???
Im sorry to say but they are being so harsh @ the moment & and another thing hes haveing to sit in a police station as the is no room in the prisons???

[ladydonna198]

Sorry the spelling is terible im still not thinking as im so angary!!!

Good Luck.x.

[margetto]

my son was with a mate who was set about and my son hit the guy once to defend his friend and walked off, friend then kicked the victim in the head and broke his jaw. As the ' friend' failed to admit to this they were tried for joint responsability. My son knew nothing of this attack until his 'friend' admitted it at crown court. The solicitor was useless, barrister was not much better. The 'victim' had not sought treatment for his injuries for 8 hours, ambulance and Police said that his injuries were slight in statements, but barrister did not make anything of this or other factors. My son has never been in trouble, is a thoroughly decent lad who stood up for his friend and is now 7 months through a 33 month sentence. So can't give much hope, we have been through a living hell, are fighting the conviction and the police for their investigation shortcomings. The other lad got 4 years 56 days!

[alisonscott]

my son stabbed a lad who had just come out of prison who was attacking him .using a knife carries a long sentence ,the judge knew the long list of convictions from other boy but my son got 4 years

[alisonscott]

oh no permantant damage to boy ,just cut in leg. (though it must have hurt and no excuse for sons behaver) but sometimes s*** happens