Legal Advice

[Kayy]

last week me and my boyfriend had an argument in which I took a step too far by telling police he had hit me, he pleaded not guilty ( as he isn't guilty) trial has been set for 2 weeks time, I am due to give a recorded statement in the next few days to amend my statement, as a trial date has been set can this be thrown out before hand? or will the trial still go ahead? I know what I did was stupid and unforgiveable please I need sensible answers so I know what could and will happen. thanks

[DaisyNonna]

Eddie, so sentencing is an absolute farce?

[Kayy]

disynonna, what do you mean by that?

[boxtops]

Kayy, I wouldn't take notice of the chat between ABers, listen to what NJ and Eddie and others are telling you.

[Kayy]

witness are have told me that the police dealing with the case will be asked to decide if they feel it should still go ahead as I don't want to give evidence, but said I wouldn't find out til last minute if I will be summoned, I know chances are they will not drop it now, but do you think he will def get a prison sentence?

[EDDIE51]

Kayy listen to what we have told you.
The fact that he has been remanded in custody (jail) means that the court feel a prison sentence is the right thing to do in his case.
It is NOT the police who decide if a case goes ahead it is the CPS ( Criminal Prosecution Service) but, as we have been saying this case will go ahead because the court/ CPS (again NOT the police) have had your BF remanded in prison.
They must be pretty certain that there is enough evidence to convict him or he would be free on bail not remanded in prison. Do not try and tell us he chose to go into prison on remand , it does not work like that, you do not get a choice it is only the courts assement that decides.

[Kayy]

well his solicitor is obvs just making stuff up then as she told us they didn't do a bail application cause he didntl he could stick to the conditions. if I am summoned as long as I turn up can I stillrefuse to give evidence? and the trial is next thurs, so when would I be likely to receive it and how via post or in person?

[EDDIE51]

If his solicitor didn't even try for bail that is NOT the same as your BF choosing remand instead of bail.
If the solicitor says that the bail conditions would be so difficult that your BF could not cope with them, to me that says that there is a lot to this story you are not telling us.
In a normal case of assult by beating the bail conditions would only be that your BF had to stay away from you until the trial. You are saying that he can not stay somewhere else for 2 weeks so has to go to Jail?
In a case of this type it is VERY rare for the accused to be remanded to prison, that is why I think you are not telling us everything.
You do not need to be summoned to court you are the person who made the complaint in the first place , even though you later changed your mind. So you should have been told from the start that you need to be there.
Yet again you are asking the same question, so here yet again is the answer.
IF YOU REFUSE TO GIVE EVIDENCE YOU CAN BE TREATED AS A HOSTILE WITNESS, THE COURT WILL THINK THAT THE REASON YOU REFUSE TO SPEAK IS THAT YOU ARE TOO SCARED OF HIM TO DARE TO SPEAK!
This will make things worse for your BF.

[black_cat51]

Eddie, CPS = crown prosecution service

[EDDIE51]

^^ Yes thanks I noticed that just as I had pressed submit. Didn't see the point in changing .That is what comes of joking about them as being the 'Criminals Protection Service'

[Kayy]

I have said everything I know about the case, was told he didn't apply for bail because he said he would find it too hard not to contact me or see me and his daughter, and his solicitor has told him he is looking at 6 months at remand time would be taken off. the cps are aware that I don't want to give evidence as not supporting the case, and they have said I may be summoned. this is all I know, he has previous aswell. would this have affected bail? im really confused as his solicitor has told his mum that he will get 4-6 months at least... seems like not even his solicitor is tryingand no one is telling me anything. iv told u absolutely everything I know

[EDDIE51]

So was he still doing the 'community order' when this incident occured?
That would explain the reason for being put on remand rather than bail.

[Kayy]

yes he was still on a community order (anger management course) and probation- who have said they will be suggesting he is allowed home to on with the anger course and work with probation. will his probation officer have any inpact on there decision?

[EDDIE51]

Yes the probation officer will give a report that the judge or magistrates will read, but it is up to them to decide to go with the probation report / recommendation or not. You should have told us this sooner it makes the whole thing a lot easier to understand.
You have to look at this from the courts / police / CPS view to understand why it has happened.
A man with a history of anger and violence ( other wise he would not have been on an anger management course and probation) is arrested for hitting his partner. He is remanded to custody as they can see that the anger management and probation have not worked and they don't want him to harm her again. That is how the court will have seen this situation and why he is locked up until the trial.

[Peter Pedant]

Quite honestly Ed I think we have to wait until Thur.

and yes I agree there are some puzzling aspects to this case, thread
and I dont mean the solicitor making up things as she goes along

still, only 627 posts to go before we break the record for advice on a legal thread ....

[EDDIE51]

^^ that has to be 'Tiger' and her 'free gift house'.
( beats head against the keyboard)

[boxtops]

I can't see kayy posting across multiple QA sites like the other one did.

[Kayy]

thanks for all the advice I guess iv justgotta wait til thurs to see how long he will actually get, although I hope hes allowed home I doubt that will happen and now iv just got to think about what I say when I give evidence. thanks again

[Orderlimit]

Are you aware what evidence the prosecution have Kayy?. I've seen your comments regarding a bruise, where was the injury and did the police photograph it?. Also, who was the victim of his last conviction (sorry if i've missed the post).

[boxtops]

It was kayy, OL, he threw a phone at her - and she says the bruise was nothing to do with her OH, she got it elsewhere. She says she made up the story.

[Orderlimit]

Ah thanks boxtops. I'd suggest the recording of the initial call to the police would be important here, who called them Kayy.