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attend wedding abroad
3 Answers
hello guys will i be able to go out of the country considering i had been detained for 24hrs" common assault "they are still in the process on investigating whether there is enough evidence for me to get charge and go to trial. my concern is will the immigration stop me of going out in this country? will they be able to find out my record?
i wish to hear from you guys so atleast i can cancel my flight ticket and inform my cousin that i might not be able to come for her wedding. thanks alot!
i wish to hear from you guys so atleast i can cancel my flight ticket and inform my cousin that i might not be able to come for her wedding. thanks alot!
Answers
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I assume that you mean you're on bail. When a person has not been charged with an offence, police bail is normally unconditional. i.e. you're free to go where you like and do what you like as long as you report back to the police station at the specified time.
Even when conditional bail is granted (which usually only happens after charges have been brought but can occur earlier), the conditions normally only relate to the likelihood of a further offence occurring (either because the accused person might commit a further offence or because he might become the victim of an offence). So it would not be unusual for a condition to be placed upon your bail stating that you must keep away from the alleged victim of your assault (and possibly his/her family) but it's extremely unlikely that you'd be restricted from leaving the country.
Summary:
You're free to leave the country unless a specific bail condition is imposed prohibiting it. The likelihood a such a condition being imposed is almost nil.
Chris
Even when conditional bail is granted (which usually only happens after charges have been brought but can occur earlier), the conditions normally only relate to the likelihood of a further offence occurring (either because the accused person might commit a further offence or because he might become the victim of an offence). So it would not be unusual for a condition to be placed upon your bail stating that you must keep away from the alleged victim of your assault (and possibly his/her family) but it's extremely unlikely that you'd be restricted from leaving the country.
Summary:
You're free to leave the country unless a specific bail condition is imposed prohibiting it. The likelihood a such a condition being imposed is almost nil.
Chris
buenchico thank you so much! yes i am in bail which is conditonal bail prohibing me to go the place where the incident happened. my follow up question to you is about what really happened during the time of incident. first, me and my friend ordered 4 pints of lager and i was asking the the bar tender how much? he was like taking a ****** by answering us that it was 30 quid. i felt disrespected so i confronted him he didint like it so he went out and ask the bouncer to get rid of us which annoys me.so i was following him outside and trying to confront him i was swearing already at that time and iwas in his face trying to deal why he treated us like that. he pushed me hard i fell to the ground and he was supposed to attacked me again but some lads stop him. now i was thrown out and planning to have complain the following morning. but me and my friend decided to go in the other disco pub i saw him there he was like laughing at me i was provoke so when had my chance i smash my bottle of beer into his head..he's got cut in his head but no stitches. it was my very first offence. worst case scenario i would like to know the consequence of my action. shall i get the maximum penalty for this? is it under ABH or GBH? thank you guys. i dont have peace of mind now.
If you've been bailed "upon suspicion of committing common assault, contrary to Section 39 of the Criminal Justice Act", that implies that the police anticipate that the Crown Prosecution Service will recommend that you be charged according. (i.e. with 'common assault' rather than with 'ABH' or 'GBH'). That would be consistent with your account of the victim's injuries. See here for the difference between the various charges:
http://www.cps.gov.uk/legal/section5/chapter_c .html
As that site indicates, 'common assault' is a 'summary only' offence. (There can be certain exceptions, but they won't apply in your case). That means that the case can only be heard before a magistrates' court (and not transferred to the Crown court). The maximum penalty is 6 months imprisonment (plus a fine of up to �5000).
In practice, the vast majority of first-time offenders convicted of a 'summary only' charge are not sent to prison. However, the court will be aware that someone else might have acted in a similar way to you, but with very different consequences. (If the impact of the bottle had fractured the guy's skull or the bottle had broken, severing an artery, you'd probably be facing a sentence of 3 tor 5 years, even for a first time offence, for 'GBH with intent')). So your actions will be regarded very seriously. (Get a good solicitor and apologise profusely. Don't try to justify your actions by relating the events you've described here, because this will only serve to convince the magistrates that you've got problems with alcohol and/or anger management. That would simply make things worse).
The most likely sentence is probably a non-custodial one, of around 100 to 200 hours unpaid work, plus a fine. (The size of the fine will be partly determined by your means but it might be around �300 + �100 costs + �15 victim surcha
http://www.cps.gov.uk/legal/section5/chapter_c .html
As that site indicates, 'common assault' is a 'summary only' offence. (There can be certain exceptions, but they won't apply in your case). That means that the case can only be heard before a magistrates' court (and not transferred to the Crown court). The maximum penalty is 6 months imprisonment (plus a fine of up to �5000).
In practice, the vast majority of first-time offenders convicted of a 'summary only' charge are not sent to prison. However, the court will be aware that someone else might have acted in a similar way to you, but with very different consequences. (If the impact of the bottle had fractured the guy's skull or the bottle had broken, severing an artery, you'd probably be facing a sentence of 3 tor 5 years, even for a first time offence, for 'GBH with intent')). So your actions will be regarded very seriously. (Get a good solicitor and apologise profusely. Don't try to justify your actions by relating the events you've described here, because this will only serve to convince the magistrates that you've got problems with alcohol and/or anger management. That would simply make things worse).
The most likely sentence is probably a non-custodial one, of around 100 to 200 hours unpaid work, plus a fine. (The size of the fine will be partly determined by your means but it might be around �300 + �100 costs + �15 victim surcha
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