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Section 39 assault, bind over offered
Me and my friend last year were on a night out and on the way home my friend was approached by a drunk women saying she wanted to headbutt him, she slapped him on the face and stole his hat, she kept pushing him so he pushed her to the ground to get her away, after that when she was on the floor and we was trying to get that hat back from her, I didn't touch the women as my friend retrieved the hat back. The women made a complaint to the police and we were arrested. The police made some enquiries and my friend said I didnt touch the women, the women said she didnt really know who touched her (because she was drunk), the womens partner said I wasnt involved and a bouncer said he could see me standing over the women when she was drunk (trying to reclaim something).
The police gave me and my friend the offer of a caution which we both declined, they then had another bouncer make a statement which was done after we were offered the caution he said that i was dragging the women down on the floor! As I didn't accept the caution we were both charged with common assault.
I have a solicitor who has represented me the first court case was adjourned and today I have been back to the court and they have offered us a bindover, my friend is currently working abroad so the court has adjourned to later this month as it would be unfair for me to make a decision at a differant time to my friend. Should I accept the bindover on the basis that only one person out of all the statements made have said I have done anything? is this an easy way for the CPS not having to claim back the legal fees it has cost me by giving me this option?
The police gave me and my friend the offer of a caution which we both declined, they then had another bouncer make a statement which was done after we were offered the caution he said that i was dragging the women down on the floor! As I didn't accept the caution we were both charged with common assault.
I have a solicitor who has represented me the first court case was adjourned and today I have been back to the court and they have offered us a bindover, my friend is currently working abroad so the court has adjourned to later this month as it would be unfair for me to make a decision at a differant time to my friend. Should I accept the bindover on the basis that only one person out of all the statements made have said I have done anything? is this an easy way for the CPS not having to claim back the legal fees it has cost me by giving me this option?
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