Update On Criminal Damage Question

[alyo]

Hi guys again, just been to court, the judges at the magistrates court referred me back to CPS to get a warning instead of a criminal record as I'm a newbie to crime! One question, If I don't have the money ( bank records can be checked by them) , how can I pay the fine to the damage to the car? Can I borrow 10 quid, then pay 'the victim' back 1 pound a month, say, as long as I have a signed agreement?

Thanks
again for your help

.......
written a few weeks ago...
This happened recently
- A man parked INSIDE my driveway without permission (as there are shops nearby) despite there being a NO PARKING sign in my driveway.
- I saw his car and was about to remove one of his tyres before he came.
- He said 'He did it for years' in my area (making it OK to park in my driveway and avoid paying parking fees) and claimed it wasn't his car and was about to drive off.
- Angry I decided to stop him by hitting his car twice with a hammer.
-He runs out of his car violently saying 'that's my car!' Hammer in my hand , with both hands stretched out I say, 'you can't do anything'. He grabs me by the neck. I say"I'm calling the police". He also said I am racist which I vehemently denied.
-The police come and arrest me for criminal damage.
- The man also denies grabbing me by the neck (there are neighbours who can prove this is false). Neighbours can also testify against him for regularly parking in our driveways.
-In the police station, without a lawyer (because I dodn;t realize it was serious), I admit to causing criminal damage (i have never been arrested before) and told them during the interview I that I was not paying for damage to his car. Subsequently, I was charged.
- What will happen now? should i turn up to court. If I say I will pay for the damage , and I don't (as I haven't got any money) what will happen?
- Will I get a criminal record?
- Can I sue the guy for trespassing on private property, for defamtion of character by calling me 'racist' and assault??

[Buenchico]

If a compensation order is made, you have to pay the money to the court, which then forwards it to the recipient.

[New Judge]

You need to check what you have been told by the court. Assuming you are in England or Wales, Magistrates (and District Judges sitting in the Magistrates' Court) do not have the power to "refer you back to CPS to get a warning instead of a criminal record". The decision to charge you or issue a caution is not one for the Court, it is one for the CPS and since you had been taken to court you will have been charged. The court has no power to overturn that decision.Once you appear before them and you are convicted they are bound to sentence you in accordance with their guidelines.

If you have been ordered to pay compensation the court will have made an order for you to pay £x per week, fortnight or month, or they may have ordered you pay the entire sum within x days. Once again you need to check what you have been told because if you fail to comply with that order you will end up back in court.

[Peter Pedant]

Go softly on the
' I havent any money so fine me what you like' bit

by the way this is compensation and not a fine but anyway you get what I mean.

I too have agreed to pay at £1 a week... but it was a few years ago and the least amount may be a bit more now.

you need to accept you hammered his car and accept also that you have to pay. You are after all a member of society

[Peter Pedant]

Alyo I think you have to find out exactly what the beaks ordered....

[nailit]

Peter pedant // I too have agreed to pay at £1 a week... but it was a few years ago and the least amount may be a bit more now.//
A few years ago?? Must have been decades ago. Minimum amount now is £5 p/w
alyo...if you dont have the money then pack your toothbrush and expect a stay at one of her majestys 'holiday camps'