ABH and Victim impacr statements

[SHELLP]

Can anyone tell me what effect these have on sentencing. I have been visited today by witness support and they want me to make a new statement saying that I am still receiving treatment and seeing a counsellor I dont want to make things worse than they are at the moment

[Barmaid]

If the defendant is convicted, you are entitled, as a victim, to have the effect it has had on you before the court. You do not have to do a VIS, but if you do, it will be disclosed to the defence and the prosecutor will read it out at the sentencing hearing.

I for one believe that these are very important for the court to hear. The court has to hear mitigation from the defendant as to sentence. However, in some ways this redresses the balance (if only a little) and gives the victim a voice in sentencing. If you WANT to provide this statement say exactly what effect the crime has had on you (don't over egg it though, the courts are more likely to take account of a fair and reasonable and factual statement ).

[Drisgirl]

Shell

I have been following your dilemna from day one.

You are so vulnerable hun -you need someone there to help you with this.

Fisrt off -dont ever try to feign truth as it will always out.

Briefly as I dont want to be castigated -yet again- for this but this is for you.My husband assaulted me -relatively seriously in April -I was in such a panic I stupidly came on here but I felt i had no where to go -its called blind panic -tell them who call me a drama queen -if ******* only.

Now your situ is way more serious -but when the dust had settled we were visited by same and I stood by myself -not him -thats bloody crucial.

I went to court and he sobbed outside in front of his brief (deferred sentence -background reports) -and begged me to drop the charges -I walked away.

He was fined �500 and ordered to pay me �300 compensation and was told in no uncertain terms it would be custodial should it happen again. (thats for all the cynics BTW).

Now Shell -I know what youre going though but hun please believe me -YOU ARE NOT DOING HIM ANY FAVOURS -NOW SORRY FOR SHOUTING THAT AT YOU BUT SOMEONE HAS TO.

He brought this on -he had a warning -H has turned his life around -marginally but enough that he wouldnt do that again.

Your man has had his warning -its time for him to step up and face the consequences -I had to be tough cos of my injuries -mainly superficial but effing sore but other circumstances -we were told he might face the jail.I was steadfast.I didnt want to see him go down that route but he needed a wake-up call and thats what your ex fella (who you still love) needs.

Let him face the consequences hun and then who knows -you may just may be the making of him.

Dont lie -they see through you.

Take care ma hun -its called tough love for a reason xxxx

[SHELLP]

Thanks for all the support Drisgirl might be right I do still have feelings for him hate to see him in such a state. What was the charge your partner was up on.

[Drisgirl]

He had been up before for breach but he was charged with assault -firts time have to say and im being honesyt -but last and im being honest.
He was bange up for the weekend and when he was brought up the staitrs much to his suyrprise his sentence was deferred -see it all catches up with them -they think they are intouchable -no no -theyre not.
His sentence was deferred for background reports and I was there and I didnt soft soap at all but I also said that was the first time he had used physical force-usually the door got it but it was recognised he had a prob with alcohol -since addresssed -well who wouldnt faced with more than another weekend in the cells.
Like I said I didnt soft soap -why would I -not doing me nor him any favours.
He got the wake-up call -I went to court the second time for sentencing -he was a broken man -and I hate to say it -I was glad as I then knew that I had in a way saved him and us by not backing down.

He did not get an easy ride in court -it appeared in most of the Scottish Papers - (sorry -again to those who thought i was coming it that night and persist in regurgitating it and calling me a drama queen !!) wasnt easy for me as I had to walk about with my my head held high as I didnt do anything- yet no-one said a thing -spooky ??

Wouldnt say it was the best thing that happened to us but he sure as hell has addressed any issues he had and I have stayed with him -but he knows after seeing me in court that I would let him fester if he was inane enough to hook me again let alone what your ex has done to you.

Im being soo frank with you -as much as its aching you and hurting you -do him a favour hun -and who knows in the future you might even get back the man you fell in love with.

[Drisgirl]

Please.do as BM -who is a lawyer said and tell the truth.
They can see through any flannel -and i'll say it again hun -youre NOT doing him a favour -in fact being strong and reolute however hard that is -thats the biggest favour you could do him for your future your wee girls future and his.
Keep in touch hun -anything else please post and i'll support you all I can xxxxxxxxxxxxx

[SHELLP]

Thanks for the answers. Drisgirl thanks for the personal facts. I,m scared stiff of going to court and giving evidence against him, if he goes to prison it will destroy him. Although he seems to be pretty much on the way there already he grabbed a woman in the pizza shop the other week and she punched him but it wasnt reported to the police. He is always drunk and at the moment he is accepting no responsibility he is blaming me for everything then drinking himself into oblivion from what I<ve heard.

Not looking forward to facing him in court wish he would sort himself out.