Blooming Personalities C/D 30Th November
Quizzes & Puzzles12 mins ago
What happens after ABH charge?
Basically too cut a long story short (not).....
I was outside a nightclub, a fella taller than i started talking to me, you know, drunken banter. Believe it or not we start to argue about politics....anyhow he starts to get very handsy, grabbing my shoulders, arms etc. Finally he grabbed my lower arms with both hands, and i should them free, he then slapped/punched me, withing about half a second of his landing, i retaliate with a single punch, he was knocked out and next thing you know im dragged into a police car, i say dragged i was walking and quite able, not resisting, but policemen trying to be all macho were tossng me about like a ragdoll! any how im breathelised in the station, says im drunk but not massivly, they give me a few coffees to help, have a doctor look at my jaw that was in a bit of pain and next thing i know im doing the interview, where the officer and i watch the cctv. its proved exactly what i had been saying all along. The woman officer said i didnt need to use that much force in my punch....and to be honest i didnt know there were levels of how hard you should hit someone in self defence. the lad gave a statement from the hospital, saying he doesnt remember a thing. maybe because of the punch, but more like the amount of alcohol in his system. Now charged with ABH and bailed, due to return to the police station in december.
What will happen next guys? and am i in the wrong?!
cheers
I was outside a nightclub, a fella taller than i started talking to me, you know, drunken banter. Believe it or not we start to argue about politics....anyhow he starts to get very handsy, grabbing my shoulders, arms etc. Finally he grabbed my lower arms with both hands, and i should them free, he then slapped/punched me, withing about half a second of his landing, i retaliate with a single punch, he was knocked out and next thing you know im dragged into a police car, i say dragged i was walking and quite able, not resisting, but policemen trying to be all macho were tossng me about like a ragdoll! any how im breathelised in the station, says im drunk but not massivly, they give me a few coffees to help, have a doctor look at my jaw that was in a bit of pain and next thing i know im doing the interview, where the officer and i watch the cctv. its proved exactly what i had been saying all along. The woman officer said i didnt need to use that much force in my punch....and to be honest i didnt know there were levels of how hard you should hit someone in self defence. the lad gave a statement from the hospital, saying he doesnt remember a thing. maybe because of the punch, but more like the amount of alcohol in his system. Now charged with ABH and bailed, due to return to the police station in december.
What will happen next guys? and am i in the wrong?!
cheers
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Hopefully, the police will review it and drop it, if not it'll be forwarded to the CPS who will review it and drop it. If not and it goes to court, then just essentially tell the truth laying it on thick how you were afraid he was going to escalate to hitting you and lashed out on an instinct and hope they buy that, plus the effect it's had on you since ( the shame at being arrested, job worries etc, relationship issues). Thing to remember you can never look too humble, respectable, contrite and scared when you attend court, so suit, softly spoken, good manners when you address the bench and look like you wouldn't say boo to a goose. that's a worse case scenario- I'd imagine the CPS will drop it myself.
Im kind of not actually worried, i hope justice will prevail. But then again this country is going down the pan and its actually upsetting that there is all this hassle. The fair is in town, and i believe now that he was actually one of the pikeys who travels with it, so im kinda hoping he buggers of again and wont be around when i have to post bail. im really surpised to be penalised for hitting too hard, yeah he may not of hit me that hard, but you never know whats coming next, he could hit me again, pull a weapon.....you can never be too safe, i had too diffuse the situation immediatly.
Are you sure you’ve been charged?
Assuming you are in England or Wales, if you had been charged you would have been bailed to appear at the Magistrates’ Court, not to return to the police station. The police are not generally allowed to interview you any further once you’ve been charged. They must make arrangements for the case to be listed in court at the next available opportunity and they must make available to you all the evidence they have in connection with the matter. None of this seems to have happened, from what you say.
If you have been bailed to return to the police station it seems more likely it is because they have not yet decided (in conjunction with the CPS) what, if any, charge will be made.
Assuming you are in England or Wales, if you had been charged you would have been bailed to appear at the Magistrates’ Court, not to return to the police station. The police are not generally allowed to interview you any further once you’ve been charged. They must make arrangements for the case to be listed in court at the next available opportunity and they must make available to you all the evidence they have in connection with the matter. None of this seems to have happened, from what you say.
If you have been bailed to return to the police station it seems more likely it is because they have not yet decided (in conjunction with the CPS) what, if any, charge will be made.
If you used the same words in your interview as you did above, you've got no defence. You've written "i retaliate with a single punch". The law NEVER allows you to 'retaliate', whatever the provocation. You can only defend yourself.
In the first instance the only way which you're allowed to defend yourself is to run away (without even touching the other person). If that's genuinely not possible then you can (for example) push the other person out of the way, so that you can then flee the scene. If that's still not possible you can then use the MINIMUM amount of force required in order to make good your escape. But you can never 'retaliate'.
When you attend the police station in December you might simply be re-bailed to a later date (because the police and the Crown Prosecution Service are notoriously slow at doing things). It's also theoretically possible that you could be told that the incident has been marked as 'no further action', but that's probably unlikely. You might also be re-interviewed but that's probably also unlikely. The most likely thing that will happen is that you'll be charged and bailed to appear before the Magistrates Court.
'ABH' is an 'either way' offence, which means that the magistrates can either deal with it themselves or pass it to the Crown Court. (They'd normally only do that if they believed that their sentencing powers might be insufficient, or if there were complex legal issues involved. It's unlikely to happen in your case). If you're pleading 'not guilty' you can also insist that the case is transferred to the Crown Court (so that any trial is before a jury, rather than the Magistrates); in practice your solicitor would probably advise against such an action.
So it's likely that the matter would be heard straight away by the Magistrates. While ABH carries a maximum penalty of 6 months imprisonment in the Magistrates Court (and of 5 years imprisonment in the Crown Court) a custodial sentence would seem to be extremely unlikely. You'll probably be given a Community Order, requiring you to carry out (perhaps) 100 hours of unpaid work. You might also be fined (with the amount depending upon your income) and you'll be required to pay costs (perhaps £80) and £15 towards a fund for victims of crime. (You could also be ordered to pay compensation to your victim)
Chris
In the first instance the only way which you're allowed to defend yourself is to run away (without even touching the other person). If that's genuinely not possible then you can (for example) push the other person out of the way, so that you can then flee the scene. If that's still not possible you can then use the MINIMUM amount of force required in order to make good your escape. But you can never 'retaliate'.
When you attend the police station in December you might simply be re-bailed to a later date (because the police and the Crown Prosecution Service are notoriously slow at doing things). It's also theoretically possible that you could be told that the incident has been marked as 'no further action', but that's probably unlikely. You might also be re-interviewed but that's probably also unlikely. The most likely thing that will happen is that you'll be charged and bailed to appear before the Magistrates Court.
'ABH' is an 'either way' offence, which means that the magistrates can either deal with it themselves or pass it to the Crown Court. (They'd normally only do that if they believed that their sentencing powers might be insufficient, or if there were complex legal issues involved. It's unlikely to happen in your case). If you're pleading 'not guilty' you can also insist that the case is transferred to the Crown Court (so that any trial is before a jury, rather than the Magistrates); in practice your solicitor would probably advise against such an action.
So it's likely that the matter would be heard straight away by the Magistrates. While ABH carries a maximum penalty of 6 months imprisonment in the Magistrates Court (and of 5 years imprisonment in the Crown Court) a custodial sentence would seem to be extremely unlikely. You'll probably be given a Community Order, requiring you to carry out (perhaps) 100 hours of unpaid work. You might also be fined (with the amount depending upon your income) and you'll be required to pay costs (perhaps £80) and £15 towards a fund for victims of crime. (You could also be ordered to pay compensation to your victim)
Chris
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