News1 min ago
Common Assault Beating
I was arrested by the police for putting a tiny fingernail cut on my husband 's face when I was trying to grab his phone while he was calling the police over our argument. Our argument started with our badly behaved 8 year old who argues with me all the time and that my husband never addresses his bad attitude and behaviour. Instead, he removed him from the room and from me, which I believed further our son's confidence in argue with me. I said no to legal aid when I was in custody for 5 hours as I didn't see myself committed a crime or offence. I admitted the finger nail cut was from grabing the phone. The police offered me a simple caution of beating my husband which I accepted after a period of dispute over it. After that day i couldn't sleep thinking about being labelled as violence and also it's result on future employment. From reading the information from the Ministry of Justice about simple cautions for adult offenders. I have the information and decided to make a complaint to the police for the caution is unreasonable and unlawful and wished for it to be revoked. My complaint was not picked up seriously as far as I am concern. I then wrote an email to our local MP to ask him for help. As MP is forbiden from getting involved in criminal legal issues he passed my email to the our local police and crime commissioner. So that my appeal is going through the right channels and get it looked at ASAP. Soon afterwards, I was contacted by an inspector regarding my complaint who said he was going to look at my case. I had also emailed him the ant relevant extract from the ministry of justice about simple cautions to support my complaint. After 22 days later, that inspector contacted me saying the caution is the right action but because the sergeant who administered it didn't offer me legal aid at the time of administering it. He is able to set the caution aside and to re- administer it in a local police station and offer me legal advice. Amid this reinvestigation, my husband sent an email to that inspector saying he didn't wish me to be cautioned or prosecuted for that is a minor injury and it was nit intended. I refused the re-offered caution. Another 20 days later, I received a letter from the police Professional Standards Department on behalf of the inspector who investegated my case, which basically saying my complaint is settled with the custod sergeant who denied my legal right was advised of the error but no formal action was taken. My case will be refer to CPS. Today, 9 days after that letter, that inspector called me and informed me that the CPS has decided to prosecute me and that I would receive a letter in the post to summon me. I seriously feel the police is so robotic in dealing cases... Wasting public money on small matter that so obvious not in the public's interest. This would be my first migistrate/ court case. Don't know what to expect but just want to defend myself...advice please
Answers
lcg , I understand where you are coming from, but as someone who says they work in mental health I expected you to realise that seeker14 has her own 'issues' and be less 'caustic' in your comments.
20:56 Tue 24th Feb 2015
The CPS operates a two part test when considering whether to prosecute. Firstly they must ensure that there is evidence to support a reasonable chance of conviction. That is certainly ensured here. By your own admission you assaulted your husband and it was committed in a domestic situation which aggravates the matter considerably.
Then they must examine whether a prosecution is in the “public interest”. The CPS takes a very serious view of any domestic violence incidence (for that is what this is). Furthermore, they will usually persist with a prosecution wherever possible even if the alleged victim withdraws their co-operation. Contrarily to your contention that to prosecute you is not in the public interest, the CPS would argue that not to do so is against the public interest.
Your argument about the sergeant’s lack of proper procedure is not a consideration in this matter and the “public interest” test does not involve ignoring comparatively trivial offences in preference to those more serious. Regretfully, as has been said, you should have accepted the caution because your guilt is beyond argument. As has been said, you may be able to persuade the Bench that this was an isolated incident unlikely to be repeated and you may receive a Conditional Discharge. However, you will appear in a specific Domestic Violence court where all cases such as this are viewed with some seriousness.
Then they must examine whether a prosecution is in the “public interest”. The CPS takes a very serious view of any domestic violence incidence (for that is what this is). Furthermore, they will usually persist with a prosecution wherever possible even if the alleged victim withdraws their co-operation. Contrarily to your contention that to prosecute you is not in the public interest, the CPS would argue that not to do so is against the public interest.
Your argument about the sergeant’s lack of proper procedure is not a consideration in this matter and the “public interest” test does not involve ignoring comparatively trivial offences in preference to those more serious. Regretfully, as has been said, you should have accepted the caution because your guilt is beyond argument. As has been said, you may be able to persuade the Bench that this was an isolated incident unlikely to be repeated and you may receive a Conditional Discharge. However, you will appear in a specific Domestic Violence court where all cases such as this are viewed with some seriousness.
I am a good housewife and a good mother. I am not just saying it. My older child is very academic and musical and obtained serval prestigious schools' scholarship offer. My younger child, the 8 year old is very clever and musical too, but too argumentative to me. You see when my older child was young my husband was still in the misbehave activities of pub, club, gym and one night stand. He only came home after our order child had gone to bed. So basically, I am in charge of our older child all by myself. I only had my second child when my husband had become good. He is there when I try to work with my younger child and he spoiled him into a badly behave child. Part of my angriness of that day is a recent suspect of him cheating on me and brought bad all those bad time in my life and in our relationship. My husband will support me in court regardless because he knows I am a good person and don't deserve what the police put on me.
My advice, for what it's worth, is that, based on what you have told us, you have little chance of acquittal. Although stranger things have happened.
You will be asked on what basis you are pleading not guilty. Your main options will be:
1. It wasn't me; I wasn't there.
2. I was there but I did not commit the assault.
3. I did commit the assault but it was done in self defence.
Which one will it be?
You will be asked on what basis you are pleading not guilty. Your main options will be:
1. It wasn't me; I wasn't there.
2. I was there but I did not commit the assault.
3. I did commit the assault but it was done in self defence.
Which one will it be?
I was there and I did try to grab the phone. But I didn't put that cut. My husband was shaving upstairs and he came down after hearing my yell and kick. My husband and I both believed he cut himself with the shaver being shocked by the noise downstairs. I admitted it in interview because I thought my grabbing phone contact did that. Everything was happening very fast and confused. I husband did mentioned that in his email to the inspector that he couldn't possibly remember clearly on that day as this not not an every day incident.
So your defence will be that you did not commit the assault.
That's not what you said initially (and presumably not what you told the police). In any case, even if you did not inflict the cut, you admitted trying to snatch the phone from your husband (unless that is now incorrect as well). If so that also constitutes an assault. You should realise that you will be questioned on all the details you have given to the police and also questioned on why there are diffferences between what you originally said and what you are saying now. You may recall being warned "It may harm your defence if you do not mention when questioned something that you later rely on in court". Your defence most certainly will be compromised by the substantial differences between what you said at first and what you are saying now.
When you appoint your solicitor take his advice as he will be better placed to advise you than we can here.
That's not what you said initially (and presumably not what you told the police). In any case, even if you did not inflict the cut, you admitted trying to snatch the phone from your husband (unless that is now incorrect as well). If so that also constitutes an assault. You should realise that you will be questioned on all the details you have given to the police and also questioned on why there are diffferences between what you originally said and what you are saying now. You may recall being warned "It may harm your defence if you do not mention when questioned something that you later rely on in court". Your defence most certainly will be compromised by the substantial differences between what you said at first and what you are saying now.
When you appoint your solicitor take his advice as he will be better placed to advise you than we can here.
Please do not make this incident even worse by continuing to fight it.
I would think you have very close to ZERO chance of winning and to engage 'an expert solicitor' to fight a case against the police will cost many thousands of £s. Around £50,000 just to prepare a case, with no chance of getting it back.
Go and ask a solicitor's advice by all means ( I think you can get an hours initial advice for £75 or so) but be prepared to be told 'forget it'.
To fight the police and the CPS you need a barrister and they START at £250 an hour!. The best ones get £1,000 to £2,000 an HOUR!!
The Law , like the Ritz Hotel is open to all !!
I would think you have very close to ZERO chance of winning and to engage 'an expert solicitor' to fight a case against the police will cost many thousands of £s. Around £50,000 just to prepare a case, with no chance of getting it back.
Go and ask a solicitor's advice by all means ( I think you can get an hours initial advice for £75 or so) but be prepared to be told 'forget it'.
To fight the police and the CPS you need a barrister and they START at £250 an hour!. The best ones get £1,000 to £2,000 an HOUR!!
The Law , like the Ritz Hotel is open to all !!
Yes that's quite true, Eddie (though I think £50k may be a little over the top to defend an assault charge in the Magistrates' Court!).
Seeker has said a lot about a "mountain being made out of a molehill" and that's very true. However, this is a classic example of a simple caution being the appropriate disposal. It was offered and (ultimately) declined. This leaves the CPS with two choices - either forget the matter entirely or launch a prosecution. If they simply forget matters where the accused declines to accept a caution they may as well no longer bother with cautions. Everyone will decline and that will be that. If the integrity of the justice system is to be maintained the CPS has no realistic choice in these circumstances.
Seeker has said a lot about a "mountain being made out of a molehill" and that's very true. However, this is a classic example of a simple caution being the appropriate disposal. It was offered and (ultimately) declined. This leaves the CPS with two choices - either forget the matter entirely or launch a prosecution. If they simply forget matters where the accused declines to accept a caution they may as well no longer bother with cautions. Everyone will decline and that will be that. If the integrity of the justice system is to be maintained the CPS has no realistic choice in these circumstances.
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