can a conditional discharge be given to someone over the age of 18

[Chez91]

just basically need a bit of advise people :/

[sara3]

a conditional discharge isn't age related!

so, yes.

[Chez91]

okay thankyou people, if the courts see how sorry someone is and they are due to go in the army shortly and the victim did not want to proceed and it's his first offence, do you think the magistrates will grant a conditional discharge?

[Chez91]

Thank you =] can the magistrates give one at a commital hearing if they were orite lol

[redcrx]

you keep saying that hes sorry and didnt mean it, but dont forget you have said that he didnt actually do what they are charging him with (breaking your wrist, wasnt it)

if thats what hes charged with then shouldnt he plead not guilty?

[Chez91]

yeah he's been charged with breakin my wrist but he hasnt so i was sort of hoping it would just get dropped to common assault but now im hoping they'll dismiss it altogether :s

[New Judge]

You asked if a Conditional Discharge is likely to be awarded at a committal hearing.

A committal hearing is one where the magistrates formally commit (that is, send) the accused to the Crown Court for trial. By that stage they will (at an earlier hearing) have heard the facts of the case and have decided to commit the matter to the Crown Court because they consider it is too serious for them to deal with.

At the committal hearing they have few decisions to make and sentencing (of which a Conditional Discharge is one option) is not among them. They may be sympathetic to a request by the CPS to change the charge to a lesser offence, though by the time the matter gets to a committal hearing the CPS will have had ample opportunity to review the case and a change of charge is unlikely.

[bednobs]

oh my god, why can't your b/f ask his legal rep? that person has the benefit of all the facts plus legal knowledge

[My_brief]

He Can enter a guilty plea at the commital stage and hope the magistrates will accept jurisdiction and sentence him.

if you really do not want to support the prosecution , your best bet is either to turn up nat the next court hearing and ask to spek to the prosecutor. tell them you do not wish to support the case. If that fails go to another criminal solicitor who will be able to take your staement retracting your claim and they will be able to serve that on the prosecution. hopefully the prosecution will eventually drop it.
There is a policy of persuing domestic violence cases but usually they will drop it if the complainant withdraws.

[Chez91]

But when i made my statement to the police i told them all this; that i didnt want to pursue etc. but like you say there's a policy so thats why its continued as far as i was aware.
Basically your saying i should go to court and tell them i dont want to proceed?

[bednobs]

Are you just going to keep asking till you get the reply you want? Get your "ex" to ask his legal representative

[Chez91]

You dont need to reply if you dont like my questions do ya.? Im sorry for been stuck and needing advice but isnt that what this site is for???

[bednobs]

yes, but as i have said, your b/f legal brief will have the benefit of ALL the information (not just what you choose to tell us) plus legal knowledge plus will be able to advise him what sentance is likely if found guilty. How useful would it be for you if someone on here said "yes he's likely to get discharged" or "yes, the case will deffo get dropped" when they don't actually know? It would just be giving you false hope

[redcrx]

bednobs is right, speak to your boyfriends solicitor and get your stories straight, either your boyfriend did break your wrist as is sorry or he didnt and will plead not guilty to having done it.

[Chez91]

Fair point but some of the advice has been helpful.. just because Im not getting what i want to hear doesnt mean it hasnt been useful. Some of it has guided me on what i can do to possibly help.

[Chez91]

He's not pleading guilty to breaking my wrist.. Cos he didnt break it. Our stories are straight =/
Iv tried talkin to his solicitor but because he's representing him he cannot tell me much info

[Chez91]

New Judge..? Are you actually a judge? Or studyin to be one? Because Dan's solicitor has said the s.20 charge will be dropped. =/