section 39 common assault.

[Neenee]

will someone who has been charged with this, be likely to go to trial in a crown court? quick run down, ... domestic assault, defendant pleading not guilty, no photographic evidence or independant witnesses or medical evidence. what is most likely outcome? any answers greatly appreciated.

case has already been adjourned in magistrates and is going back to magistrates for a 3 hour trial in a month.

[zebedee1691]

If it is booked for trial in the Magistrates court in a months time - then the Magistrates have already accepted the case, so it will not go to the crown court for trial.

[Neenee]

thanks for that. i am a very worried partner.... and am glad of any answers that help zebedee.

[New Judge]

Unless the offence is racially or religiously aggravated, Common Assault is a �summary only� offence. This means it can only be dealt with in the Magistrates� Court.

It is impossible to tell the likely outcome. In order for the CPS to authorise the prosecution there has to be some evidence and it will be for the magistrates to decide if that evidence is sufficient to convince them �beyond reasonable doubt� that the offence occurred.