Will He Be Prosecuted After Refusing A Caution?

[Teach75]

I'm going through terrible time with my husband and am hoping for some advice.
I separated from him almost two years ago as found out he had cheated on me with our teenage pupils. Then while being investigated by cid for it he would kick and smash things, try to manipulate me with threats of suicide, pointed a knife in my direction and started to hold me with force on occasions. Suffice to say I have not given in to his constant requests to have him back.

Then last month when he dropped something off (we still joint own the marital property I live in) he got really angry and was shouting "I hate you" over and over at me. I didn't respond and stayed sitting on the floor with my back to him. The next thing I know is something's hit my head and I look down and it's his keys. I asked if he threw them at me and he said they just accidentally flew out of his hands. He came around the sofa and dropped down next to be and then pinned me down with his body while reaching behind me and forcing my arm painfully to get to the keys. He caught my mouth with his elbow in the process.
I managed to pull them out from under me and gave them to him and he left.

I reported what had happened and gave a statement to police the following week. He was voluntarily interviewed and although he didn't admit the events as they actually were he did give his 'own' version... He said the keys left his hands accidentally and that he only made slight physical contact reaching around behind me for the keys.
I'm assuming this was clearly enough of an admittance though as the police offered him a simple caution for assault last week. However he has refused the caution! and I have been told the case is now to be sent to the cps (this will include a statement just obtained from my dentist as my tooth has since become loose)

I have no idea what to expect now and am hoping anyone could let me know the likelihood of this going to court? or if he could just end up with no further action due to refusing the caution?

I can't quite accept it could be that easy for him to get away with it but want to at least be prepared for that possibility if that's the case!

Kindest regards

[chrissa1]

What an awful situation to be in, Teach75. I can't help you but I am sure one of the "legal eagles" will be along to help before too long.

[Canary42]

No sign of them at present Teach75 but we do have regular contributors who are well versed in Law. They'll be along tomorrow if not earlier I'm sure.

[Teach75]

Hi and thankyou both so much for taking the time to reply and let me know that.
So kind of you and very appreciated.

[shoota]

There is a very robust prosecution policy in domestic violence cases so the chances are, if the evidence is good, that he will be sent to court.

[New Judge]

Yes, shoota is quite correct.

In fact it is the policy of most police forces not to offer cautions for domestic violence. Now that your ex has been offered one and refused it will be for the CPS to decide whether to bring charges. They have a two part test: firstly there must be evidence sufficient to support a reasonable chance of a conviction and if so it is then decided whether a prosecution would be “in the public interest”.

[DaisyNonna]

Could you please define "In the public interest". Not sure exactly what that means.

[Teach75]

Hi and thankyou for your replies.
The police were always planning to send it to the cps and were gathering the evidence such as medical report and statements from neighbours and my ex.
I had however always said to the investigating pc that I would be ok with a caution being offered to him, for a swift resolution should that become a possibility, so am assuming that's why they offered one to him after he admitted the physical contact part of the allegation in interview?
Im also assuming, based on his admittance, that the case must have passed the evidential requirements as far as the police are concerned already as that appears to have to be the case before a caution can even be offered?
Like DaisyNonna I'm unsure as to the public interest part.

I can't seem to find any reference online for instances like this were a caution has been refused after an admittance in interview!

He is also involved in teaching so has maybe decided to take his chances as a caution could end that for him but I was just hoping someone would know if the cps may decide 'not' to prosecute even after a clear admittance?

(Cps have not seen the case yet, it is being sent to them this week now that the police have received the statement from my dentist)

Kindest regards

[Orderlimit]

Hi teach75

Have a read of the attached:

http://www.cps.gov.uk/Publications/docs/DomesticViolencePolicy.pdf

Page 26-28 -Public Interest

[Teach75]

Just wanted to update this for anyone in the same situation who is looking for an answer like I was.

Yes the cps did decide to prosecute him for 'assault by beating' after he refused the caution.

The sergeant on the case then told me my ex would look very silly pleading not guilty in court after what he had said in his interview.......well he chose to plead not guilty (which I should have expected really seeing as he refused to accept the caution)

The trial is next week and I really don't know what to expect as can't think of any defence he could put forward? when he's already admitted (see original post above) 'unlawful contact' I think is the wording the sergeant used which would be the 'beating charge' and coming down towards me which would be the 'assault part'

If anyone also has any advice for how to deal with being a witness at trial that would be very appreciated as I'm very nervous about the process.

Kind regards