GBH s20

[Blue83]

Hi my brother has been charged with section 20. There was an incident in a pub were a known troublemaker was goading my brother and his friend, my brother ignored him and moved away, but his friend lost it abit as this guy was making threatening remarks to him and ended up punching him twice in the face, my brother and couple of his friends then ran over with there motive being to break up the fight, my brother has admitted he put his knee on the guy and said "just stay down", the guy who hit him then left the pub and my brother and his friends also left. However, a few days later we heard an off-duty barmaid had made a statement saying my brother had kicked the guy in the face, an allegation my brother strongly denies. This was a massive shock to my brother and our family as none of us have ever been in trouble with the police. Until we heard this none of my brothers friends who were present during the incident had ever thought or mentioned such an incident (including the guy who did punch him in the face) About 3 months later the guy who punched him was arrested and charged with Section 20, they asked could my brother ring the station..my brother duly obliged, anxious to sort this situation out. My brother was shown the CCTV footage with his duty solicitor present, and it shows what I have described above, it does show my brother go over to the guy, but according to the duty solicitor it does not show any evidence of the allegation made against my brother (kicking the guy in the face)...despite this my brother was also charged with Section 20. We have since found out who made the statement and it was not that much of a surprise as this particular person doesn't get on with my brother or his mates.

[Blue83]

Additional Info: The witness also admitted she had drunk a bottle of wine, although I have spoken to one of her collegues, who said "she was hammered, I would take her too seriously" . Has anybody, or anyones relatives ever been involved in something similar, please help as we are all worried sick.

[sumo19]

I would listen to the duty solicitor; he seems pretty sure that there is no evidence for the allegation made towards your brother.

I don't herefore understand why the police are charging your brother with section 20 if the solicitor sees no evidence. Guidlines state that the police should only charge when there is reasonable likeliness of a conviction based on evidence etc.

[Blue83]

We are assuming it is because of this witness statement that has been made!! As I say this is all new to my brother and family.

My brother has got three witnesses willing to come forward who can back up his recollection of events so hopefully this helps.

Cheers for your reply.

[northernmonkey]

If, no evidence is able to be provided that shows beyond all doubt, your brother kicking the "victim" then there is only 1 option for the section 20 charge - NOT GUILTY.

When is your brother due in court?

Let everyone whom has taken time to give their advice on this what the outcome is. But just to clarify, if on the video it (it being kicking) cannot be shown then it is a not guilty outcome.

[Blue83]

Magistrates next Friday (19th)

[Blue83]

The police still hadn't give my bro's solicitor the tape before his court appearance, and so he was advised to put a "no plea" in. We know have to go back on in May. Apparently they will now be allowed to view the tape. Why didn't they let them see it before the original court date...seems a waste of time

[Blue83]

Hello...jus given an update as to what's happening, when my brother went back to Magistrates in May his solicitor was finally shown the CCTV footage and agrees with the duty solicitor that there is nothing on there that shows my brother kicked this guy. My bro entered a "not guilty" plea and went to crown court on July 1st. Here we where told that one of the witnesses has retracted his statement although he still has to attend court and the other witness is turning up but given evidence from behind a screen as to protect her identity, which seems daft since everyone knows who she is. Anyway the trial is in September (can't believe how long these cases last for!!) Its now just a case of fingers crossed and praying it all works out, because the stress it has put my brother and parents through is unbelievable...one thing which I would like peoples opinions on is the other lad getting charged who is on CCTV punching this guy, his solicitor told him the longer this case goes on the more likely the charges against my brother will be dropped!! I really don't understand this, from what I can make of it he is basically saying the CPS is playing a game of "chicken" with my brother, hoping all this stress will jus make him plead guilty!!! What are peoples thoughts or do you think because he knows my brother and his client (my bros good friend) talk he is jus trying to get in his head!! Any thoughts because this jus seems to be turning into a soap opera.