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

[EDDIE51]

Your Boyfriend needs a solicitor URGENTLY.
Your post tells us very little and there is no 'timeline' as to what happened.
However as your BF is still on remand he needs to contact a solicitor to help him with his bail application and to organise his defence. I will just add that GBH with intent Section 18 is a VERY serious charge and is always a jail term.
He needs to ask the police to get him a solicitor, get him to do it now or first thing tomorrow. Sorry, but this is too complicated to sort out on here GET A SOLICITOR!

[EDDIE51]

This question should be in 'Law' not phrases and sayings.
Ed, can we get it moved please?
1991sw I suggest you post this again but in the 'law' section where one of our 'legal eagles ' will be more likely to spot it

[1991sw]

He already has a solicitor but cuz he can only remember but it happened that quick. The cps have not asked how my boyfriend got his injuries it's wrong we could not recognise him when he was standing up in court he gets sent on remand yet them vile monsters are walking free they are getting away with it

[DJHawkes]

Did this happen 8,7,6,5,4,3 years ago alot or is this the first time?

[Jackdaw33]

You need to find out, via the solicitor, the precise reasons for the refusal to grant bail.

[1991sw]

If you mean the incident recently it happened 6 weeks ago and he had statements made against him this year but no further action also he was charged with battery 2-3 years ago he had to do community service, he's been in trouble with police but they gave him warnings not serious enough for them to charge him. He also was charged with a driving offence when he was 13 and 16 but that was years ago as he is 32 now

[1991sw]

He has no past convictions this is his first gbh with intent he never got charged with it before

[EDDIE51]

Glad to see this has been moved to 'law'.
You say he had a conviction for 'battery' which was dealt with by a community sentence?
That could be the reason for bail being refused , as he has a history of assault.
Battery is just a lower category of assault. The police probably think that if he has 'moved up' from a minor assault to the much more serious assault of GBH with intent he can not be trusted to stay out of trouble if he was free.
Refusal of bail is not what normally happens there has to be a good reason for it. His solicitor should be asking why bail is being refused. We do not know the full story his solicitor does , or should, we can do nothing on here you need to be asking his solicitor about all this.

[EDDIE51]

Reading through your rather confusing posts, I think I see why bail is being refused.
You say he has a conviction for battery and has had 'statements made against him' and had 'warnings by the police' . Looks to me like your BF has a long standing history of violence and aggression which is why he is refused bail.

[1991sw]

No he was not convicted for battery he has never been in prison before

[1991sw]

That is not fair that's discriminating him yeah that happened but doesn't mean to say hes guilty of the section 18!!!

[Jackdaw33]

The 1976 Bail Act lays down strict conditions for refusing bail. He must have met one of these conditions, or more.

[EDDIE51]

At 21.09 you say 'he was charged with battery 2-3 years ago he had to do community service' I took that as being convicted. He does not have to have been in prison to have a criminal record for assault. Most assaults do not get a prison term.
However, as I said yesterday S18 is VERY serious and is ALWAYS a prison sentence. His record for battery will mean an increase in the sentence he gets this time if convicted.

[EDDIE51]

^^ Still confused, you say he has not been convicted of battery and that he WAS charged with battery and had to do community service ! Which is it ?
As both I and Jackdaw33 have said, refusal of bail has to have a good reason. The reason for refusal of bail MUST be stated in court and given to the defendant and to his solicitor, so what did the court/police tell him the reason for refusing bail was?

[1991sw]

I'm sorry but you are as bad as cps not bothered that he was attacked first with a weapon what could he do just lie there and accept being beaten? So that's OK is it what would you have done?

[1991sw]

When I mean COMMUNITY SERVICE he had to work with no pay if he didn't do it he would of been sent to prison to serve his time get it?

[New Judge]

"I'm sorry but you are as bad as cps not bothered that he was attacked first with a weapon what could he do just lie there and accept being beaten? So that's OK is it what would you have done? "

Don't shoot the messenger. You've told us what (you believe) has happened. Your b/f has been refused bail twice and, as has been said, there must be a good reason to deny bail. The court must believe there are substantial grounds to believe your b/f might:

Abscond (i.e. not turn up for his next court appearance)
Commit further offences
Interfere with justice (articularly wintnesses)


He will have been told which of those it was.

You haven't actually asked anything so far. So what is it you'd like to know?

[1991sw]

All I want to know is why is my boyfriend being blamed for it where he got attacked with a weapon first and had to have stitches and his nose is pushed to the side is this fair?

[1991sw]

The judge who was dealing with it said he's OK to be bailed at his mother's address which is 3 mile from where the incident happened but cps was saying he would commit further offences they are just saying that they are so corrupt!

[EDDIE51]

So he WAS convicted of battery and got a community service sentence.
If as you say this time he acted in self defence then that is a mitigating circumstance NOT an excuse to commit GBH . You are allowed to use 'reasonable force' to defend yourself, GBH is not 'reasonable force' it is 'over the top'.
We are only trying to find the full facts and give advice, there is no need to get aggressive.
We now also know the reason he has not been bailed, that it is thought he would commit other crimes.
I do not see how we can help. Your BF has a previous conviction for assault and as you say several other warnings and 'statements against him'.
These warnings and 'statements' will still be on his record even though he was not charged at the time. In view of this the CPS have objected to bail.
He can apply again for bail, but the outcome is probably going to be the same.
I think you are going to have to wait for the trial and accept that your BF is going to be spending some time in jail. On the positive side time on remand will be deducted from his sentence.