If someone is being charged with an allegation of some sort by another and both parties are saying something different. And the CPS cant decide so allows it to court. Can one be found guilty by the other persons word or do they need bonfire proof before they say guilty?
Yes, if the jury is convinced 'beyond reasonable doubt' that the victim is telling the truth and the accused is lying. In civil court the standard is the 'balance of probabilities', so a private prosecution can succeed but the same case be tried in a criminal court and fail.
There is at least one witness for the prosecution - your sister's neighbour.
Essentially the Magistrates will have to decide which evidence they prefer. In criminal trials there are always two versions of events and at least one of them (though sometimes both!) are untrue. Your sister's solicitor is best placed to decide what, if any, eveidence needs to be presented to the court.
Thank you. She now has 4 witnesses including herself and amazingly 12 people that want to be a character witness. I don't how the courts will work. Is my sister allowed character witnesses? some of the witnesses will do I think its called deposition written statements. All these include the neighbors and people that have known her for years. Again thanks for your advice
Simon202 my bf is in the same boat he went to a house with a friend of his for a drink 3-4 people and my bf and his friend got drunk those other people he didn't know because his friend invited him there. My bf was relaxed calm and chilled kissed his freind on the head (as a freind way he is not gay) but his friend got asked to leave because he spilled a drink on the floor. So my bfs friend left my bf did not go with him as he wanted to stay for a drink. This part I found out which is totally wrong!. The women who was there was homophobic and thought my bf was gay so my bf sat on the sofa not even started the fight but did argue with them so what we have heard the women hit my bf round the head with a crowbar and told everybody she was proud she done it laughing about it but there's a witness defending my bf he told the cps he will be standing up in court to tell them my bf was calm and relaxed before he left him at the house nlhe has been on remand for nearly 7 weeks and still in there he has got another 9 weeks before his trial.so anyways after he got hit with the bar he was kncomed unconscious face down on the floor then all the drunk people that were there took his phone, keys etc. But then my bf was waking up to find they was on top of him so he kicked out not realising he knocked a cup into the other women's mouth split either side of her mouth and knocked a few teeth out which was not my bfs fault as he thought he was being attacked which we all would kick out wouldnt we? If we had a blow to the head and waking up he had no chance to get up and run because there was those against him he is 6ft3 gym build big man he is but people judge him straight away they think he's capable of looking for trouble but hes not. So my bf woke up and had blood running down his face his nose was bent to the side, he got arrested as the 3 people told the police my bf attacked them!! They never mentioned my bf injuries to his face so when my bf got to police station the police told my bf the witnesses statements have gaps in them meaning don't match also those people are known to mug and attack people as they all are drug users and alcoholics and have charges and convictions against them . So that's my bfs experience how sick and cruel people can be towards vulnerable people my bf does not deserve to be on remand I hope his case will be dismissed and those people will be behind bars.
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