ChatterBank4 mins ago
Boyfriend On Remand
Hi my boyfriend went to a man's house for a drink there was 2 other men who are drug and alcohol users past convictions and charges my boyfriend only had a drink no drugs he has no previous convictions only 1 charge which was battery. So what I heard there was an argument not sure who started it he got hit round the head with a weapon from behind and knocked unconscious causing 2 lacerations above his eye 2 black eyes and his nosed pushed to the sidehe does not know who did it then as he was waking up somebody was on top of him so in self defence my boyfreind lashed out but that man was sent to hospital with facial injuries and had to have facial surgery. But my boyfriend was arrested there and then while he was still dazed and dizzy from the attack. He was sent in remand two days later and charged him with section 18 but the victim and the other man have robbed and attacked people before and they are known to the police my boyfriend got refused bail at magistrates then again on his plea hearing which is so unfair he should not be on remand as he was attacked with a weapon is it possible he could get judge in chambers before his trial date which his trial is the 1st December 2016 also the witness who was there has dropped his statement
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For more on marking an answer as the "Best Answer", please visit our FAQ.No a statement will not be a change to his circumstances regarding bail!
We have established the reason for the refusal of bail is that he has a history of assault and the CPS think that if released he will be likely to assault someone again.
One point that I have been wondering about since this question started.
If as you say, your BF was knocked unconscious and can not remember what happened and you were not present when the incident occurred, how do you know he was attacked first? You actually state in your initial question
''So what I heard there was an argument not sure who started it''
You then go on to say ''he does not know who did it''
When this goes to court, what evidence is he intending to present to say he was attacked first? The attacker is hardly going to admit it and you say your BF can not remember what happened.
You have been in a court, you must realise that this ''can't remember/ not sure who hit me'' is just not going to convince anyone.
I am NOT trying to upset you or insult you only to help.
But from what you have told us on here you have very little defence. Your BF admits hitting the other man so hard he split his mouth wide open. His defence will be that it was 'self defence' but you are going to need some evidence of that !
Sorry but saying he woke up and found someone on top of him attacking him is not good enough. You need to explain what happened to get him on the floor. The other side are going to say '' he started the fight and I had to knock him to the ground in self defence, then he attacked me again and split my mouth open''
What happened with the meeting with his solicitor you told us was having ?
That is vital information that we need to give any more advise.
We have established the reason for the refusal of bail is that he has a history of assault and the CPS think that if released he will be likely to assault someone again.
One point that I have been wondering about since this question started.
If as you say, your BF was knocked unconscious and can not remember what happened and you were not present when the incident occurred, how do you know he was attacked first? You actually state in your initial question
''So what I heard there was an argument not sure who started it''
You then go on to say ''he does not know who did it''
When this goes to court, what evidence is he intending to present to say he was attacked first? The attacker is hardly going to admit it and you say your BF can not remember what happened.
You have been in a court, you must realise that this ''can't remember/ not sure who hit me'' is just not going to convince anyone.
I am NOT trying to upset you or insult you only to help.
But from what you have told us on here you have very little defence. Your BF admits hitting the other man so hard he split his mouth wide open. His defence will be that it was 'self defence' but you are going to need some evidence of that !
Sorry but saying he woke up and found someone on top of him attacking him is not good enough. You need to explain what happened to get him on the floor. The other side are going to say '' he started the fight and I had to knock him to the ground in self defence, then he attacked me again and split my mouth open''
What happened with the meeting with his solicitor you told us was having ?
That is vital information that we need to give any more advise.
What's the change in circumstances I do not understand? He was hit from behind so he did not know who did it the police have weapons so hopefully they will find their fingerprints on it. No I was not there this is what I'm saying my bf was not looking for any trouble I know the argument was about him kissing his friend on the head his friend has said this and the women who was there was homophobic so the man told my bfs mate to leave not my bf can you see that this is a plan 3 against 1 my bf had no witness to defend him these people are very clever and how will my bf prove he was attacked first?
This thread is going round in circles.....
It doesn't matter what any of us, here on Answerbank, advise you. Your brother has a Solicitor and is now in the middle of the 'legal machine'. Until your boyfriend's legal team have good sight of the evidence and witness statements all anyone can do is guess as to any likely outcome.
You have to trust that they will do their job and not try to second-guess their responses.
It doesn't matter what any of us, here on Answerbank, advise you. Your brother has a Solicitor and is now in the middle of the 'legal machine'. Until your boyfriend's legal team have good sight of the evidence and witness statements all anyone can do is guess as to any likely outcome.
You have to trust that they will do their job and not try to second-guess their responses.
I can only back up what 'JacktheHat ' has said. This is now an ongoing criminal case. No one can do anything apart from wait for the trial and see how it goes. Just co operate with his legal team and give any information they ask as best you can and be 100% truthful .If you don't know an answer just say so, it is a lot better than making a guess and being proved wrong!