ChatterBank3 mins ago
abh assult occasioning abh
7 Answers
quick outline......
me and my girlfriend had a fight i assulted her and was arrested for the above.
I have gone to crown court and a trial date has been set.
the problem is my girlfriend wants me home so bad we see this as a one off, she has put a retaction statement in and it has been swept aside a letter to the judge which i think he just put to one side, my girlfriend now wants to go to the police and say the injury she sustained was not done by me even though in her original statement to the police she said it was me, what would the concequences be to my girlfriend be if she were to do this
this is a one off incident and wouldn't happen again and i just want to be home with her just as much as she wants me home
please anyone with an answer please respond asap thankyou
me and my girlfriend had a fight i assulted her and was arrested for the above.
I have gone to crown court and a trial date has been set.
the problem is my girlfriend wants me home so bad we see this as a one off, she has put a retaction statement in and it has been swept aside a letter to the judge which i think he just put to one side, my girlfriend now wants to go to the police and say the injury she sustained was not done by me even though in her original statement to the police she said it was me, what would the concequences be to my girlfriend be if she were to do this
this is a one off incident and wouldn't happen again and i just want to be home with her just as much as she wants me home
please anyone with an answer please respond asap thankyou
Answers
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You are talking about 2 very different things here. A retraction statement is one which says "I made a complaint to the police on .... regarding being assaulted by ..... I have now reconsidered the matter and have decided that I do not wish to persue the matter. No one has asked me or put any pressure on me to withdraw my statement, a decision I have made alone" or words to that effect. The second option is far too dangerous to even contemplate. If she subsequently makes a further statement saying that the injuries were not done by you, she is making a false statement. Once she signs the declaration at the top of the statement she is committing a criminal offence. Charges of Attempting to pervert the course of justice or perjury could ensue.
I have rarely seen an assault case ru at court without the cooperation of the IP (injured party). Inder certain circumstances, CPS could ask the court to deal with her as a whats known as a "hostile witness", This means that she can be physically placed before the court and asked to give evidence. THIS RARELY HAPPENS. CPS are most likely to offer no evidence on the day of court and the matter will be over. The best advice, in any case would be to keep your hands to yourself in future.
I have rarely seen an assault case ru at court without the cooperation of the IP (injured party). Inder certain circumstances, CPS could ask the court to deal with her as a whats known as a "hostile witness", This means that she can be physically placed before the court and asked to give evidence. THIS RARELY HAPPENS. CPS are most likely to offer no evidence on the day of court and the matter will be over. The best advice, in any case would be to keep your hands to yourself in future.
You can't be serious ?
If your girlfriend decides to do this, presumably with your encouragement, the police are likely to allow it to go to court and she'd then be perjuring herself. The consequences for her could be dire!
As this wasn't just a slap .... actual bodily harm .... why don't you do the real manly thing and plead guilty, and get your girlfriend to plead for leniency on your behalf?
If your girlfriend decides to do this, presumably with your encouragement, the police are likely to allow it to go to court and she'd then be perjuring herself. The consequences for her could be dire!
As this wasn't just a slap .... actual bodily harm .... why don't you do the real manly thing and plead guilty, and get your girlfriend to plead for leniency on your behalf?
Cumbrianlad gave a pretty comprehensive response. However with regards to domestic violence the police , in response to years of criticism for their poor handling of such cases, now have a more robust attitude and they and the CPS WILL proceed even if the injured party decides to retract.
Indeed the Metropolitan Police website clearly states
"The Met is committed to holding domestic violence offenders accountable and we will arrest given reasonable grounds."
"We are no longer reliant upon the victim's statement to do this and will pursue abusers independently."
A view taken by all Police Forces and in my view rightly so. As has been indicated you were charged with ABH so this appears to have been more than just a push or slap. Do the right thing by pleading guilty and then address your anger issues for your sake and your partners.
Indeed the Metropolitan Police website clearly states
"The Met is committed to holding domestic violence offenders accountable and we will arrest given reasonable grounds."
"We are no longer reliant upon the victim's statement to do this and will pursue abusers independently."
A view taken by all Police Forces and in my view rightly so. As has been indicated you were charged with ABH so this appears to have been more than just a push or slap. Do the right thing by pleading guilty and then address your anger issues for your sake and your partners.
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