Boyfriend On Remand

[1991sw]

Hi my boyfriend went to a man's house for a drink there was 2 other men who are drug and alcohol users past convictions and charges my boyfriend only had a drink no drugs he has no previous convictions only 1 charge which was battery. So what I heard there was an argument not sure who started it he got hit round the head with a weapon from behind and knocked unconscious causing 2 lacerations above his eye 2 black eyes and his nosed pushed to the sidehe does not know who did it then as he was waking up somebody was on top of him so in self defence my boyfreind lashed out but that man was sent to hospital with facial injuries and had to have facial surgery. But my boyfriend was arrested there and then while he was still dazed and dizzy from the attack. He was sent in remand two days later and charged him with section 18 but the victim and the other man have robbed and attacked people before and they are known to the police my boyfriend got refused bail at magistrates then again on his plea hearing which is so unfair he should not be on remand as he was attacked with a weapon is it possible he could get judge in chambers before his trial date which his trial is the 1st December 2016 also the witness who was there has dropped his statement

[1991sw]

No he was not convicted for battery he has not been convicted before I've already mentioned he wasn't, he pleaded guilty as it was at magistrates court and they gave him a community service where he works without pay he had to do it otherwise he would be in prison get it?

[1991sw]

I'm not being aggressive lol yeah I'm defensive because my boyfreind was knocked unconscious with weapon aetal bar as he woke up he said he felt dizzy as you do when you have a blow to the head how on earth could he cause gbh with intent? Yes he lashed out probly caused a minor injury but who's to say he fell and slipped smashing his face off the floor or could of been anybody else who was there defending my boyfriend I don't know the full story but my boyfriend would not lie!

[Davemano]

If he was given a Community Service Order he must have been convicted of something after him pleading guilty. Even though he pleaded guilty, he still gets a conviction.

[jno]

calm down! You're getting excellent advice from Eddie, but you need to keep a clear head through all this. People on a website can't pass sentence on him, the court will, and it's the court he'll have to convince that he's been unfairly treated.

[EDDIE51]

^^ Pleading guilty still means he has a conviction ! You seem to think it is only a conviction if he gets found guilty after a trial, that is not the case!
It is a conviction IF he pleads guilty OR is found guilty after trial. As I said, he has been convicted of assault by battery and was sentenced to community service.
You actually say in your first question that you do not know what happened at the house where the incident occurred.
''So I what heard there was an argument not sure who started it''
Perhaps it was your BF who started it? In which case self defence will not apply. You only know what your BF has chosen to tell you!

[Davemano]

I fully agree with jno and EDDIE, and any help B/F needs can be done through his legal representative.

[1991sw]

So even if he may have caused the argument and not hit anyone first he said he was hit from behind with a metal bar so just because am argument started my boyfriend deserved to be attacked and knocked unconscious so are they in the wrong stop judging my boyfreind this is not his fault the so called 'victim' and that witness have done the same thing to other people before so you telling me it's ok for them to do that to people? Don't think so

[Jackdaw33]

You are not going to get any further on here. Talk to his solicitor.

[1991sw]

And what if his solicitor don't tell me all the Information? And what does it mean if the witness has dropped his statement what will happen? It is not the victim by the way it's the man against my boyfriend

[1991sw]

He was not convicted and just because someone please guilty does not always mean prison sentence there is suspended sentence probation community service etc I'm no solicitor but I know the law

[ummmm]

Clearly you don't!! He was convicted and sentenced to do community service 'instead' of a prison sentence...

[Jackdaw33]

I'm no solicitor but I know the law


LOL.

[Quizproquo]

A conviction is not the same as a prison sentence 1991. You can be convicted but not go to jail.
Your boyfriend was convicted. The sentence is the prison/community service part and your boyfriend obviously did not go to prison. He was still convicted though.
I'm sorry to say I think your boyfriend may not be giving you the whole story.
How did he end up with injuries to the front of his face if he was hit from behind for instance?

[ummmm]

Maybe he fell onto his face.

[EDDIE51]

Sorry 1991 but you very clearly DO NOT know the law!
Being found guilty either by plea or by trial is still a conviction. Most sentences are not jail terms, fines ,suspended sentences and community service are a lot more common than prison sentences, but they are still sentences for a criminal conviction. Your BF does have a criminal record !
If a witness makes a statement they CAN NOT withdraw or 'drop' that statement. This is a very common mistake we hear it all the time. If a witness makes a statement and later realizes the statement was wrong or they need to change details they can only make another statement saying why the first one was wrong. The first statement and any other later statements are still evidence and can be used in court. The witness can expect to be cross examined in court about why they made a second statement that was different to the first one.
We are NOT judging your BF, the jury will do that when his case is heard in court. All you, he and his solicitor can do is to make sure all the facts have been disclosed to the court and to his solicitor. Solicitors DO NOT withhold information. His solicitor will tell your BF all the information but it is your BF who is on trial not you. The solicitor does NOT have to tell you anything as you are not his client your BF is. The solicitor in fact is banned from giving you any information about the case unless his/her client , your BF, has given permission for you to be told. You have admitted you do not actually know what happened in the house, you only know what your BF has told you. Again as you say, your BF was knocked unconscious and that will affect his memory of the events. He may not remember what actually happened or he may be confused and get things wrong. Confusion is normal after a head injury.
When this case comes to trial the jury WILL NOT know anything about your BF's previous history, convictions,statements or warnings. Only the judge knows that and will use the information to decide on the sentence if he is found guilty.
Please try to remain calm and focused on what you can do to help your BF.
Making wild accusations that the CPS are corrupt and everyone is against him will not do any good.

[Smowball]

If he has done any form of community service then he was found guilty. Community service was ordered instead of time in prison.

[EDDIE51]

^^ I have told 1991sw that at least 3 times smow, but she still refuses to accept it!

[1991sw]

CONVICTED = prison community service = unpaid voluntary work outaode of prison what's the difference sherlock

[1991sw]

My question still has not been answered nobody ever listens do they make boyfriend was hit with A WEAPON!!!!!!!

[Barmaid]

1991. I know you are stressed but no need to be rude.

Eddie has already explained it very clearly.

A conviction is either pleading guilty or being found guilty.

After conviction there is the sentence which can be absolute discharge, conditional discharge, fine, community service order (with requirements to attend courses / meetings; unpaid work etc), suspended prison sentence or prison sentence.