WITNESS RETRACTION

[Ghengiskhan]

hI
i HAVE BEEN CHARGED WITH ABH ( assault by beating) I gave a no comment interview, and pleaeded not guilty
she has now retracted her statement and also instructed solicitor to write to Police and CPS confirming retraction and that she wants the bail conditions lifted and does not support prosecution
i have to attend a pre trial review and the case has been listed for trial in December

I have read so many articles regarding this matter, has anyone got any answers, how do i get the bail conditions lifted before trial, i miss my children and of course my wife

[Ghengiskhan]

Sara your suggestions are straightforward i like that, however its not that simple is it, I have 4 kids, youngest 3 months hows a sentence going to affect us all????????
on top of that i will lose my job??????
so again i am of the understanding its all hear say unless my wife testifies, is it not????

[jno]

I believe hearsay evidence has recently been made admissible, though other people may be able to correct me on this. If so the court would hear it then decide what it's worth, as with any evidence. But there is presumably other evidence: photos of bruises and so on.

[wolf63]

The police can prosecute without any evidence from your wife. They will assume that she is too afraid of you to say anything against you.

Only you and your wife know what happened. Go to the CAB or a solicitor and tell them what happened and see how things unfold.

[Ghengiskhan]

so i'm i looking at a custodial sentence for this then?
first offense no previous, yes they have evidence of the bruising ( photos)

[bobjugs12]

From the BBC website:
Victims sometimes withdraw their complaints because they are frightened of going to court, and the possible consequences.

Civil laws can be used to protect victims
The CPS has the power to continue with the prosecution without their consent, but a victim is rarely compelled to give evidence.

Under the Criminal Justice Act of 1988, it is sometimes possible for their statement to be read to the court, so they do not have to appear in person.

If the victim has been warned to keep quiet, the police can arrest the offender under the Criminal Justice and Public Order Act of 1994.

This created two new offences of intimidating a witness, and harming - or threatening to harm - a witness.

While most attention has been focused on women victims, the police have been told to respond in exactly the same way when the perpetrator is a woman and the victim is a man.


So as has been said, you're wife does not need to be present or even give her consent.
Her initial statement, coupled with the police investigation and GPs report will be enough for a prosecution.

As for the kids, how pathetic can you get? You are trying to squirm your way out of a custodial sentance by stating how it would effect your children. I expect it wouldn't affect the kids as much as seeing Daddy belt Mummy around, or when Daddy pushes the beatings a step to far and ends up killing Mummy.
You are a worm, and I hope, for your kids sake you go down, your wife leaves you, and your kids are not exposed to your poisoness atitude.

[NOX]

Hi, well personally Ghengis I think if what your saying is right about this being ' something that got out of hand' a one off so to speak, it might not be a bad idea if your wife did testify. A hostile witness can cause havoc for a case, far more so than not turning up, but it all depends on what the lady is feeling like doing and how good she is under pressure. I'm not in anyway in sympathy with the idea of wife beating and you need to get some help with your temper or whatever it was that sparked this off ( that in itself will go a long way with the court if you've already done it off your own bat), but I do acknowledge that if they send you down and your wife still wants your relationship to work, then it will put an intolerable strain on your wife and kids as well. Domestic abuse is not rpretty, but it's a fact of life that it happens and the most important thing is that you get help to make sure it doesn't happen again and minmise the damage done to your family. You can get your brief to apply for the bail conditions to be lifted but I seriously doubt they will be before the cps make up their final minds. If you and your wife make a habit out of this then it's something you seriously need to deal with.

[jno]

hello, nox, haven't seen you in a while; always good to hear your commonsense answers.

[NOX]

Hello Jno, how you doin? I lurk a bit here and there, and occasionally chip in when I can't stop myself:)

[jno]

I seem to be on here 24/7 now but I am definitely going to get a life some day, honest. Or failing that, a night's sleep would be good. Hope you're doing well.

[rangersno1fan]

well you are the scum of the earth doing what you did and no you will not get any bail conditions or restrictions lifted and i basically hope they thow you in the nearest prison and then you will suffer the same fate as what you did to your wife
and you will rightly deserve what you get and the minimum sentence in law for abh carries sentencing of 5yrs and above

[Ghengiskhan]

thanks to all the ignorant views posted, especially from those who appear to have all the facts to make an informed decision,

[Barmaid]

It's a bloody long time since I did any DV. However this is what generally happens. Prosecution will summons your wife. She has to attend on a summons and quite often the prosecutor will send a PC round to her house to bring her to court - without her - unless there is independent eye witness evidence the case is likely to fail since the burden of proof is on the prosecution and that is to the standard of beyond reasonable doubt. The alternative is that she attends court and she either refuses to give evidence when in the box or gives a different testimony to her statement. At this point the Prosecutor will apply to treat her as hostile. At this point it could go either way. Sometimes they refuse to say anything. Sometimes they say "I was really pissed with him and told the police any old crap". Sometimes they deny their original statement completely. Either way, unless there is corroborative evidence (and the GP's evidence can only ever be evidence of the injuries, not now it happened), the Court has to remind itself that the standard of proof is beyond reasonable doubt.

I cannot tell you whether you will be convicted or acquitted. But if convicted, if your wife continues to support you, the sentence may be less. In the meantime, seek help for whatever problems you may have eg anger management, drink, drugs etc. All this will assist in sentencing.

You are, however, unlikely to get your bail conditions lifted before trial.

[society]

Barmaid, people on here are very lucky to have your invaluable, expert counsel for free. I must thank you too.

[Ghengiskhan]

My wife plans on speaking with the prosecutor at the pre trail review---- will this make a difference???????????????????

[Ghengiskhan]

The prosecutor did not entertain my wife and requested a summons be issued,,, we all so stressed, what a mess

[sandyRoe]

Just out of idle curiosity, do you feel any regret about beating your wife?

[Ghengiskhan]

Sandyroe what a pathetic question you ask,,,,,

[LorraineD123]

Hi,
I do actually feel for Ghengiskhan and family as I am currently going through the same thing with my husband. We have been together for over nine years, married for three with two children aged five and eight. He has been violent and aggressive on several occasions but I love him and want to give him one final chance. He has been released on bail due to appear again at the Police Station on the 13th December 2010.I have requested bail be lifted as on this particular occasion he was neither violent or aggressive but I just merely wanted to leave the family home safely without any agro and literally just asked the police for help! To my despair they arrested him due to past encounters and we have both had time apart to reflect on everything and want one last go to make things work. What are the chances of getting bail lifted as they do not have any physical evidence or good reason to arrest do they?Thanks in advance...

[oliveoil22]

Hi, I am going through a similar case at the moment and was wondering if someone could shed some light on the matter for me, as its all getting to me at the moment and I dont know what to expect, Basically my boyfriend myself and my friend were all drinking alchohol watching videos on the internet and this eventualy led to my boyfriend and I getting into an arguement and he hit me, this has never been the case before and to honest i believe alcohol and jelousy was a main part of this. My friend called the police without me knowing and they came and arrested my boyfriend, he was held in custody and then released on bail. with the conditions he does not contact myself and my friend, This in itself frustrates me as we live together, have a happy life and cant accept the fact that the cps have put these bail conditions on. He has now attended court and pleaded not guilty as i have not made a statement, but my friend did, but she later retracted it the same day. He now has to attend court again in september but the bail conditions are stll on, how can i get them lifted if possible and what islikely to happen in september as my friend has retracted the statement which means she will not attend court and i in no way would testify against him! please let me know...