Should I bring a solicitor with me?

[rizpick]

I have been released on bail after being arrested for a night on ABH. I am due back into the police station on Feb the 2nd. The blue paper I recieved from the station states an ABH - assault and fight outside nightclub. I was wondering if I need to bring a solicitor with me for this meeting and also if any of you could shed some light on what happens in this meeting at the police station. Will I be speaking to the CPS or are they going to re-arrest me?

I have to plan for booking time off work for the subsequent meetings. Can anyone give e a rough idea about the tie frame and what actually occurs after this stage as this is all new to me. Thanks

[Buenchico]

Possible scenario No. 1:
If the police (and the CPS) are satisfied that they've got sufficient evidence to charge you, and that there's no point in you being interviewed, you'll just be charged and bailed to attend court. (Theoretically you could be refused bail but, since you've already been bailed, the chances of that are probably zero).

Possible scenario No. 2:
The police will interview you. Then, if they decide that they don't need to consult with the CPS (or to carry out further investigations), you'll be charged and bailed to attend court as above.

Possible scenario No. 3:
The police will interview you. Then (because they need to consult with the CPS before charging you, or because they need to investigate further), you'll be bailed to attend the police station again.

Possible scenario No. 4:
The police won't be ready to proceed at the present time. (The officers dealing with the case might be required in court on that date, or the police might still be waiting to hear from the CPS). If so you'll simply be re-bailed to attend the police station.

Possible scenario No. 5:
The police (and CPS) will have decided that they've not got enough evidence to prosecute and you'll simply be released.

Nos 1, 4 & 5 don't require a solicitor to be present, but you'd be advised tohave one there if you're to be interviewed, as in Nos 3 & 4. If you appoint a solicitor before you're due to attend the police station, he/she will be able to speak to the police to find out which of the preceding scenarios will be happening.

Chris

[Buenchico]

Oops! I meant '2 & 3', not '3 & 4' (but that's fairly obvious anyway!)

[rizpick]

Hi Chris ,

Is there any possibility of a caution given at this meeting?

[rizpick]

forgot the mention the blue paper mentions its an enquiry to an assault -ABH

[Buenchico]

Cautions are sometimes given for ABH but my understanding is that police forces (and the CPS) are tightening up on when they're used. (Here in Suffolk the policy is to use fewer cautions, and to go for more convictions). ABH is a fairly serious offence. (The maximum penalty is 5 years imprisonment, or 7 years when it's racially aggravated). So an offence would almost certainly have to be at the very lowest level before a caution could be considered.

So the simple answer to your question is 'Yes'. The longer answer is 'Yes, but I think that it's unlikely to happen'.

Chris

[optics2b]

Hi

You can not receive a Caution if the offence is denied.

[Buenchico]

A valid point, Optic2b:
http://www.homeoffice...ce/powers/cautioning/

[rizpick]

Thanks for the help, I have admitted guilt and apologised and written letters apology to the 3 guys we were in a fight with. Myself and 3 friends are all first time offenders and have good jobs and cctv can show us getting food on our way home before these guys started verbaly insulting us. Unfortunately one of my other buddies split the lip of one of the guys. I kicked one in the face three times thankfully not injuring him. We over reacted and should have just left it. I know its a long shot but I am praying it is a caution as I know I overreacted and I just hope the officers acan see that this is just a bad time bad place and occurence.

[optics2b]

Hi rizpick

Were all the others arrested?

(bear with me, i am trying to answer but experiencing PC probs at the mo)

[rizpick]

Yeah all four of us were but the other 3 werent, thanks by the way

[rizpick]

Sorry what I meant by the other 3, is the 3 that were fighting against us

[optics2b]

Hi rizpick

(This is a very basic answer). If the co-accused all admitted their involvement consistant with all the evidence and allegations then the police could have considered disposal by way of formal Cautions. However, there are several aggravating features in the case you have disclosed and the CPS will be presented with the facts to decide what action to take. If the CPS decide to charge (send to Court) then they also decide what offence /s to charge with.

If the police / CPS enquiries are complete then you will be formally informed of the decisions when you return on police bail.

Please be aware the CPS ndecide to charge then they could also consider charges of voilent disorder or affray, which are serious offences under the Public Order Act.

Please note that I am not trying to scare you but hopefully help you decide whether you instruct the services of a solicitor.

[optics2b]

correction..


Please be aware the CPS ndecide to charge then they could also consider charges

should read

Please be aware that if the CPS do decide to charge etc etc

[rizpick]

Wow thanks optics, you know your stuff. We all admitted we were guilty, when they interview us at the police station and showed us the videos individually. I am still not sure wether to have a solicitor for this meeting at the police station as I have heard that a solicitor can sometimes plead for a bargain , yet I dont know if it is meant to be at this stage or a later one ?

[optics2b]

Hi

Plea barginning is usually used at the early stages of court but commonly when offences are denied (theres a lot more to it). It is not unheard of for a solicitor to help persade a caution at the police station but i pesonally believe that stage has passed.

[optics2b]

barginning.... lol

[rizpick]

Thanks again optics, I will post here how it ends up. I just pray I get a second chance at life.

[optics2b]

Ok let us know of any up dates. I will try and write a more sensible and helpful answer if i can fix this damn PC.

[rizpick]

So just a quick update, the return to the police station date was set for Feb the 2nd, we had it pushed back until the 24th of march. Apart from one of my friends. He was the person the other guys had initialy started insulting with 'ginger' insults. He has been given a simple caution for provocation of violence...strange as he had been the one insulted and threatend first of all. They have also put that his caution is for a fight with four victims...which is incorrect as there was 3 of them against us. Anyways the other 3 of us have to wait until the 24th which is becoming more and more horific by the day. I have been trying to bury myself in work day and night to try and keep my mind of off the possibilities. It has turned out that the cctv actually shows one of them shoving one of my friends first before the scuffles broke out. I know this doesnt make what I did any better, but I hope it shows that they verbally abused us , then threatened us, followed by then pushing a friend before we eventually reacted....I know I hugely over reacted which pushes it to being an actual assault\abh , I can see that in hindsight, unfortunately during the incident I did what came instinctively to stop them from inflicting injury on any of my friends.

[Lolik007tygfer]

This must of effect you a lot!