Common Assault On A Minor

[iaminnocent]

I was looking after a boy aged 15 , he went to school and said that I had scratched his face , the school took him at his word and the boy was removed from my care the next day , I have since been summoned to a plea hearing this week . I have never been in trouble and this scares me to death , I have no way of proving that I didn't touch him as there was no one else in the room before school only me and him . When I collected him from school the day of the allegation I asked about the scratches' and he told me that he done them in the play ground . The boy has a proven history of lying including about his birth family who he is supposed to be close too . I am scared because I already feel that he is being believed because it has gone this far and he is a boy with learning disabilities . I will be pleading not guilty because I did not touch him.
What can I expect if I can't prove my innocence

[woofgang]

Who employs you to care for the boy and what support are they giving you?

[iaminnocent]

A private agency , and no support now as I have been told that they have to take a step back so not to look bad.... A case of guilty until proven innocent I think .

[New Judge]

As you probably know you do not have to prove your innocence. You do not have to prove anything - it is incumbent on the prosecution to convince Magistrates of your guilt “beyond reasonable doubt”, This is a high burden of proof.

If the two of you were the only people present at the time of the alleged offence then the only evidence there will be that you inflicted the boy’s injuries will be his testimony. In view of your guilty plea he will be required to give evidence at your trial. This will almost certainly be by video link from a room in the courthouse, but he will be required to attend and he will be subject to cross examination. You really need a solicitor or barrister to conduct this case for you as there are many potential pitfalls. If you do defend yourself you will quite probably not be allowed to cross examine the boy yourself. Instead a lawyer will be appointed (and paid for) by the court but only to conduct the cross-examination.

If you are truly innocent you should maintain your not guilty plea and put the prosecution to proof. As matters unfold they may decide that the boy’s evidence cannot be relied upon.

[iaminnocent]

I really am truly innocence and I am entering a plea of not guilty . I do have a solicitor who is said to be 'one of the best ' .The boy has made allegations before that have been proved to be lies so hopefully and unfortunately for the boy it will be proved that he has lied again.

[FredPuli43]

You are very wise to have a solicitor. This is not a job for an amateur, whether or not you are allowed to cross-examine without one

Must say, NJ, I've never heard of a defendant in person not being allowed to cross-examine but ,of course, if they have a unqualified friend helping them , that person is not allowed to cross- examine but only to help them in court in other ways. Is this rule you state for witnesses in an adult court who are still juveniles? It seems odd if it is

[New Judge]

It’s for nobody in particular, Fred. Section 36, Youth Justice and Criminal Evidence Act 1999:

http://www.legislation.gov.uk/ukpga/1999/23/notes/division/4/2/2

“…gives courts the power to prohibit unrepresented defendants from cross-examining witnesses in cases where a mandatory ban does not apply under sections 34 and 35 [which cover some particular offences], but where the court is satisfied that the circumstances of the witness and the case merit a prohibition, and that it would not be contrary to the interests of justice.”

Very commonly used in Domestic Violence cases and quite often used when the witness, especially if a victim, is a young person.

[FredPuli43]

Ah, right-o, NJ.