Hello, I Just Need To Put My Mind At Rest

[Joshuaha]

Hello I'm typing this on my phone so please excuse any grammar errors, this is my current situation. A group I know were involved in a fight a few years ago and things got out of hand and one of the guys were pretty beat up. They got caught in the long run and were arrested for gbh with intent... I can't tell you why but someone anonymously phoned up and said I could of been in involved... It happened in the area I live in and I new most of the guys, I was on Holliday received a call to pop into the station when I was back and when I done that I was also arrested on the spot. I wasn't to worried because I new I had nothing to do with it but it was a lengthy process and it started to take its toll, I eventually got nfa'd (which I wasn't happy about because I wanted to genuinely be excused from the whole situation and not be told they didn't have enough to proceed) but regardless it was done, here's the problem that's the only thing I've ever been dragged into I've never been in trouble before and since up to the other day. I went out with a old friend who happened to be involved the the previous situation and for the first time I stupidly got involved into a fight, witnesses called and said someone was being kicked on the ground and we were arrested close to the scene on the accounts of gbh with intend (again!) and affray. I think the police were just going by a witnesses statement and no victim was picked up... It really wasn't that serious l I'm not a trouble maker I was pretty drunk and being silly and to be honest I'm pretty disappointed in myself for getting into such a issue but it wasn't a attack with the intention to kill it was just literally a brawn which in my interview I openly confessed to the whole thing, CCTV footage and other evidence should show it for what it was and although the words with intent haunt me I'm sure they see it wasn't that.... But the thing that worries me is the fact that me and a same person were arrested for the same thing.... I made the mistake on going out with my friend he has quite a large history for violent criminal conviction (criminal record) basically my point is will the fact that we were both involved in the same previous case for the same charge effect our outcome. We weren't convicted so ino there's no criminal record but I recently just became aware of arrest records and although they don't hold much value is that something to work with. I apologise for waffling but the this is all new to me and I'm already worried as it is... The idea of going to prison because of the previous actions of someone else scares me. Especially when I wasn't involved! I couldn't blame the police for putting two and two together but will this effect there outcome if it is clear that it was just a brawl on tape. I just have this idea of them feeling as if they lost a opportunity with me before (although I wasn't involved!) and now I'm in a similar situation them going above and beyond to get me, I should if known better to even still remain friends with the guy but I've known him so long I thought I'd put it in the past... Just my luck

[EDDIE51]

The previous arrest can not be mentioned if this case comes to court.
The only evidence allowed will be what happened this time.

[Joshuaha]

Thank you for giving me a answer I really appreciate it, just one more can it effect the possibility of them lowering the charge? @eddie51

[Peter Pedant]

well first you have to wait and see - to see what and when the police are gonna do.

and then you act on that.

Your previous NFA is by and large irrelevant.

and also you have to start to decide in the mean time what you are gonna do in life. Taking up again with a known criminal, and going out and drinking and then getting involved in violence - on CCTV I mean do you want to keep out of prison or not.

Instead - stay at home and knit - the choice is yours.

[inksplotter]

Though hopefully the jury won't rely on "guilty by association", sadly it seems the police have.

Your previous offence seems just to be drunk and disorderly, a lower level crime really.

[EDDIE51]

No it can't affect that either.
From what you say the victim has not been identified so I can't see that this case can go to court.

[Buenchico]

Prosecutors can ask a Judge to admit evidence of previous convictions where the prosecution alleges that they indicate a 'propensity' to commit the type of offence with which the defendant is charged. (Such applications are normally only made/granted in relation to sexual offences although they can be used in other types of case). However, even if you'd actually been convicted of GBH with intent several years ago, it would be extremely unlikely that a Judge would grant an application to introduce 'propensity' evidence. Without any such conviction there is no chance whatsoever of the earlier matter being referred to in court.

A GBH charge can only be sustained if the injuries to the victim are 'really serious'. With regard to that, the CPS's own guidelines state:
"Grievous bodily harm means really serious bodily harm. It is for the jury to decide whether the harm is really serious. However, examples of what would usually amount to really serious harm include:
injury resulting in permanent disability, loss of sensory function or visible disfigurement;
broken or displaced limbs or bones, including fractured skull, compound fractures, broken cheek bone, jaw, ribs, etc;
injuries which cause substantial loss of blood, usually necessitating a transfusion or result in lengthy treatment or incapacity;
serious psychiatric injury. As with assault occasioning actual bodily harm, appropriate expert evidence is essential to prove the injury".

The addition of 'with intent' to a GBH charge does NOT (as you seem to be assuming) imply 'intent to kill'. It simply means that there was intent to cause the grievous bodily harm. The CPS guidelines state:
"Factors that may indicate the specific intent include:
a repeated or planned attack;
deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack;
making prior threats;
using an offensive weapon against, or kicking the victim's head."

[Joshuaha]

Thank you all for the information it is truly appreciated.