abh help

[red121]

my brother was arrested last night after finding his girlfriend in his car with another man he has hit the man and been arrested under abh he has n o other convictions i have now been told they are trying to do him on section 18 can they do this with no intent this is a domestic gone bad i know he is in the wrong to have hit the boy but i need to know what is ahead of us

[Golf38]

If the injuries are S47 (ABH) then he may be eligible for a police cation with no previous.

You don't say what the injuries are but a S18 would suggest serious ones- ie broken bones. I'm not sure how you ascertain no intent from the account you give.

As for what to expect - s18 is a serious offence and if convicted a custodial sentence is more or less inevitable. I would suggest contacting a good lawyer.

[red121]

not sure of the injusry think a broken cheek bone the boy also was driving the car without the permisson of the registered owner and keeper which is my brother

[Golf38]

A broken cheek bone certainly fits S18 charging criteria. What often happens though because of the difficulty proving the 'intent' aspect of this offence is that the CPS wll accept a guilty plea for a lesser section 20 GBH. This has a lesser chance of a custodial sentence, or a much shorter one.

Has your brother been charged yet? If so what with?

[red121]

no charge he has been given bail about 20 mins ago

[Golf38]

Ask you brother to check his bail sheet. If its 47 (3) bail then that is for further enquries. If its s37 bail then it is to seek permission to charge from the CPS.

[red121]

37b is on the form they have also set conditions is this normal

[peotepete]

Yes, thats normal - the police now have a trimeframe with which to conduct further enquiries -once this is done your brother will return to the station for either NFA (no further action) or charge.
Depending on any previous violent conduct and criminal history he could be cautioned or charged and given a court date- that will be a magistrates at first.
Ensure you brother has taken legal advice, he would have been offered the duty solicitor at the police station.

[Golf38]

S37 Bail is not for further enquiries. It is solely to give sufficient time for the CPS to b consulted to obtain authority to charge. Ye, conditions are perfectly normal for this.
I would certainly echo the advice re legal advice.

[red121]

thank u all very much in the process of getting him a good solicitor will keep u posted

[awayman]

Just to clarify, the difference between S18 and S20 is the nature of the intent, not the nature of the injury. The nature of intent is quite simple; did he strike the other intending to hurt him (to paraphrase). If he did, and he's said this to the police (which the S18 would suggest) then he's best off looking for an early plea.

[zzxxee]

my partner is waiting to go back to police on a section 18 and he is totally inocent i would be interested to no the outcome for your brother and good luck....

[studaples]

perhaps your bro should have tag teamed yer when he court her in the the car! she sounds like a slag