Legal Advice

[Kayy]

last week me and my boyfriend had an argument in which I took a step too far by telling police he had hit me, he pleaded not guilty ( as he isn't guilty) trial has been set for 2 weeks time, I am due to give a recorded statement in the next few days to amend my statement, as a trial date has been set can this be thrown out before hand? or will the trial still go ahead? I know what I did was stupid and unforgiveable please I need sensible answers so I know what could and will happen. thanks

[New Judge]

Are you saying that he did not hit you but that you made a statement saying he did?

[Kayy]

yes, I made a statement saying he hit me, I retracted that statement and due to do the amended one, thing is he has previous he was on a community order, I showed them a bruise that in fact I got from where we had just moved house

[New Judge]

In view of the inconsistency of your evidence the CPS may well discontinue the matter. You may also find yourself having to answer why you made a false statement. You could face a charge of wasting police time or, even worse, attempting to pervert the course of justice.

[Kayy]

I understand I could be charged, even with my amended statement can they still take it to trial? and if when they have my statement they feel that he is innocent will it get thrown out or will we have to wait until the trial date?

[Smowball]

Many years ago I had a violent partner. Everytime I pressed charges he would persuade me to drop them but the police didn't listen to me, for my own safety and he eventually was given a restraining order and not allowed anywhere near me. The police may well think you are also changing your mind because you have been pressurised to x

[Kayy]

he has been on remand and I haven't spoken or had any contact since he was arrested, so either way it is def going to trial?

[New Judge]

Nobody here can give you a certain answer to that, Kayy. As Smowball has said the CPS have a policy of continuing with domestic violence matters as far as possible even if the alleged victim withdraws their evidence. It will be a matter for them to decide and they will take into account all the evidence they have and the developments that have taken place since the allegations were first made.

[Kayy]

okay but is it possible for them to throw it out even if a trial date has been set?or is he stuck inside til trial?

[New Judge]

The CPS can discontinue a prosecution any time they choose up to or even during the trial.

[boxtops]

I defer to NJ's legal expertise, but it's been said on here before that women who withdraw their allegations are often felt to be under pressure to do so, so the case goes ahead. I know you know that it was a really stupid thing to have done, especially when you consider the thousands of women who DO need protection from their menfolk. I don't know whether you'd be charged with wasting police time (and the courts, and the judge's)... it's a hard lesson learned.

[Kayy]

I know what I did was a stupid and unforgivable thing I have never been in trouble with the police, I have a 5 month old who will always remind me what iv done, iv stopped a good father seeing his daughter for this amount of time, and possibly longer if they find him guilty, which I hope they don't as I do not want to send an innocent man to jail

[EDDIE51]

The CPS will have to decide between two possibilities.
1, what you said at first was true and he did hit you and cause the bruise
2, what you say now is true and he did not hit you.
As you have been told it is VERY common ( in fact almost normal) for the victim in domestic violence cases to retract their initial statement.
Just look back through AB law questions, the 'my partner hit me but i have withdrawn my statement' question comes up about once a week!
In the majority of cases the reason the victim ( usually a woman) withdraws their statement is because they are too scared of the attacker to continue with the case. I am NOT saying this is what happened here but it really is what happens most of the time.
The CPS will look at the case and they, not you will decide to continue or not.
My guess is that this trial will go ahead, the fact that your BF has 'previous' and that he is on remand suggest to me that the police think this is a serious case. You say he was already on a community service order when this happened what was that for?
Sorry, but a man already doing a community service order is arrested for an assult of his partner that is considered sufficiently serious for him to be held on remand. How does that look to an out sider.

[EDDIE51]

This is just the last of many
http://www.theanswerbank.co.uk/Law/Question1320275.html
Same situation same answers

[Kayy]

he is on a community order for throwing a phone at me, I know that because of my stupid actions he will more than likely go to prison he was given the option for bail but the conditions were no contact with me, he said to them he would find this too hard as he wants to come home to me and his child so he thought he would be better staying on remand so he had no chance of breaking bail

[New Judge]

I'm afraid your explanation regarding his being remanded in custody is a bit odd, Kayy. The very worst that could have happened to him if he broke any conditions imposed on his bail would be that his bail would be withdrawn. So it makes absolutely no sense whatsoever for him to say "keep me inside in case I break my bail conditions." Surely better to give it a try as he had nothing to lose but his freedom - even if short lived - to gain.

I'm out of this one now.

[Kayy]

this is just what his solicitor has said, maybe she told him if he broke the conditions he would get a longer sentence?

[New Judge]

Just finally, Kayy, a breach of bail conditions does not aggravate an offence and will usually not influence sentencing. Furthermore, courts do not usually remand people in custody at their request. The Bail Act is quite clear and courts cannot remand defendants in custody just because they ask them to. Hence my suggestion that his explanation seems odd.

[EDDIE51]

Kayy, you have to stop thinking that this is your fault for getting your BF angry.
He has now assulted you twice and both times you say it was your fault, it is NOT YOUR FAULT it is his fault.
If nothing is done then your boyfriend WILL just get worse, the next assult may be a lot worse he may hit the child or seriously hurt you.
I am now sure this case will go to trial and your boyfriend stands a strong chance of a prison sentence. He assulted you once and while still doing the community service for that assult he hit you again, the court is not going to like that and will probably send him to jail as he has not learnt his lesson from the 1st assult. The community service was the chance to change his behaviour but he didn't take it, he is unlikedly to get a second chance.

[Kayy]

but this time he didn't do anything wrong, hes going to prison for something I did, hes not a violent person he really isn't hes been doing so well since going on this course etc, now iv sent an innocent man to prison, my daughter has lost her dad probably for 6 months I didn't mean for it to go this far, what type of person does this to someone :(

[Kayy]

the want me to do an interview on recording tomorrow not just a written statement why is this? am I likely to be charged?