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

[Kayy]

the last incident of why he was on probation is where he threw a phone at me, a social worker had turned up she firstly called the police then I spoke to them, they have a pic of a small bruise, they also have a record of me ringing to say I had lied etc- they said this was updated on the crime report but I never did a recorded interview about it. so im sure they will ask why I rang to say this but then never amended the statement.

[Orderlimit]

Ok, thanks Kayy, I'm sure it will all be resolved soon. The photograph of the injury is obviously important for the case decision-maker, as is the location of the bruise and how fresh it appears , not only from the time of alleged assault but compared to the time you now claim to have sustained it.

I'm not here to judge you kayy, but if he did assault you during this more recent incident then do not try and play the system by saying you lied, it will back fire.

[Kayy]

the bruise has now gone, I do bruise very easily to me you could tell if the bruise was coming or if it was going, the took the photo about 2 hours after they were called. what would happen to me if when giving evidence I tell them that the bruise may have been there and that I over exaggerated in my original statement due to being angry? would I get into trouble?

[Orderlimit]

There are offences for giving false info to the police so make sure you liaise with and fully brief your solicitor. but as stated, if he did in fact assault you then must try and go through with this. The relevant agencies are there help you

[Kayy]

i have been told I am not entitled to a solicitor as I am the victim? so who can I actually talk this through with

[Orderlimit]

Sorry kayy, i thought you had engaged your own solicitor.

[boxtops]

From your post on 22 March

I went today and had a solicitor who advised say nothing

So you do have a solicitor? You're not being clear, kayy.....

[Kayy]

It was a duty solicitor for if i was gonna be charged l

[Orderlimit]

What about calling the Witness Care Unit or speak to divisional supervisor of the Domestic Violence Unit and ask them what exactly is going on. Have a look at the attached Code of Practice for Victims of Crime, which details your entitlements. You need advice from some one who knows the in's and out's of this case.

https://www.cps.gov.uk/publications/docs/victims_code_2013.pdf

[Kayy]

I have tried to speak to these people, they all just say that I will probably be summoned but I wont know til very last minute. witness care also told me the other day that the cps would ask the officer in charge if they wanted to drop it but I didn't think it was upto the police? the police in charge also then told me it was still going ahead and that they are pushing for a custodial.

[Orderlimit]

Well it is an awkward situation I suppose.

But basically the issue now is, which version of events is true and what do you do about it.

If you have initially given the police false information then seek professional legal advice.

But

If you are now trying to cover up for the defendant then you must tell the witness care unit / CPS asap. They are very experienced and supportive in dealing with this very common problem.

[Kayy]

I have asked a few solicitors over the phone what I should do and the duty solicitor said the same, do not made a recorded statement to admit I lied (AS MY FIRST STATEMENT ISNT TRUE) as I would be charged and looking at more time than my bf, but that when I give evidence say that I either don't remember and that it is possible that the bruise was already there. one solicitor told me I could say I over exaggerated in my original statement due to being angry and that I wouldn't get into trouble?

[Orderlimit]

This is one of those rather awkward problems kayy. If you do attend court try and get there early and speak to the WCU officer in person. (Hopefully, the defendant will change his plea when next in court).

[Kayy]

thankyou for your advice and or not judging , I don't think he will change his plea as he knows he did nothing wrong and pleading guilty he would definatly go down.i just cant believe I did this In the first place!