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I am wanted for questioning for ABH
I live outside the UK and want to know if I would be refused bail if I return to sort it out because i am non resident. What is the likely passage of events from when the police meet me at the airport.
What is the normal sentence for a first offender where the victim has bruising and a concussion. Is the fact that the victim came towards me aggressively shouting abuse enough cause for self defense.
What is the normal sentence for a first offender where the victim has bruising and a concussion. Is the fact that the victim came towards me aggressively shouting abuse enough cause for self defense.
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You'd only be refused bail if you were considered to be a 'flight risk'. Your solicitor would probably ask the court to consider bail conditions whereby you handed your passport over to the court and that you reported to a police station each day. It's likely that the court would regard such conditions as reasonable.
ABH is an 'either way' offence, which means that it can be heard by a Magistrates Court or transferred to the Crown Court. Your description of the victim's injuries (and the circumstances) suggest that it's only a 'Category 3' offence (which is the lowest category). In which case a Magistrates Court would normally impose a fine and/or a community order. (Category 3 ABH is non-custodial under the guidelines provided to courts). Given that you might not be available to carry out unpaid work under a community order, a hefty fine (plus costs) is probably the most likely outcome.
'Self defence' can only be used to justify an assault if you use the absolute minimum amount of force necessary to prevent an assault upon yourself (or upon someone else). If could have simply have ignored the abuse, or run away, self defence can't be used as a defence in court.
Chris
ABH is an 'either way' offence, which means that it can be heard by a Magistrates Court or transferred to the Crown Court. Your description of the victim's injuries (and the circumstances) suggest that it's only a 'Category 3' offence (which is the lowest category). In which case a Magistrates Court would normally impose a fine and/or a community order. (Category 3 ABH is non-custodial under the guidelines provided to courts). Given that you might not be available to carry out unpaid work under a community order, a hefty fine (plus costs) is probably the most likely outcome.
'Self defence' can only be used to justify an assault if you use the absolute minimum amount of force necessary to prevent an assault upon yourself (or upon someone else). If could have simply have ignored the abuse, or run away, self defence can't be used as a defence in court.
Chris
Thanks for the excellent answer -
Sounds like I was not acting in self defense according to law.
The victim was between me and the pub door and I was in the process of leaving. I was surprised when he came at me and overreacted mainly out of fear - I had no idea what he was going to do or if he had a weapon. I could have run away after the initial contact but had been verbally abused by this bully few times before and let my anger get the better of my reason.
In practical terms - how long would I have to be away from my job and family in France to sort this out and how much is a "hefty fine and costs" on average?
I don`t know what the witnesses have told the police and I have reason to believe they have deliberately exaggerated both the level of violence I used and the seriousness of the injuries (One friend told me that the victim told him he had incurred psychological trauma and needed psychiatric treatment due to the incident)
what are the probable consequences if am sent to the crown court and convicted?
Thanks,
Dan
Sounds like I was not acting in self defense according to law.
The victim was between me and the pub door and I was in the process of leaving. I was surprised when he came at me and overreacted mainly out of fear - I had no idea what he was going to do or if he had a weapon. I could have run away after the initial contact but had been verbally abused by this bully few times before and let my anger get the better of my reason.
In practical terms - how long would I have to be away from my job and family in France to sort this out and how much is a "hefty fine and costs" on average?
I don`t know what the witnesses have told the police and I have reason to believe they have deliberately exaggerated both the level of violence I used and the seriousness of the injuries (One friend told me that the victim told him he had incurred psychological trauma and needed psychiatric treatment due to the incident)
what are the probable consequences if am sent to the crown court and convicted?
Thanks,
Dan
It's difficult to guess how much a fine might be. The court is obliged to take your income into account but normally a court would also be imposing a community order. If the court regarded it as impractical to do so, the fine would probably be somewhat higher.
For sentencing guidelines, see here:
http://sentencingcoun...ine_-_Crown_Court.pdf
Matters dealt with in the magistrates courts can often be sorted out within a few days when the offender pleads guilty. Otherwise it might take a month or two. Cases going before the Crown Court normally take at least 6 months before anything substantial happens.
However the courts would be unlikely to expect you to stay away from your family for that long. I suggest contacting the police (possibly via the British embassy or consulate) to notify them of when you'll be arriving in the UK and inviting them to speak to you. If you do that it's likely that a court would probably accept that you'd return from France for a court hearing, so you'd be permitted to return home while on bail. (If you simply arrive unannounced at the airport they might just assume that you were trying to sneak into the UK, rather than coming back to 'face the music').
Chris
For sentencing guidelines, see here:
http://sentencingcoun...ine_-_Crown_Court.pdf
Matters dealt with in the magistrates courts can often be sorted out within a few days when the offender pleads guilty. Otherwise it might take a month or two. Cases going before the Crown Court normally take at least 6 months before anything substantial happens.
However the courts would be unlikely to expect you to stay away from your family for that long. I suggest contacting the police (possibly via the British embassy or consulate) to notify them of when you'll be arriving in the UK and inviting them to speak to you. If you do that it's likely that a court would probably accept that you'd return from France for a court hearing, so you'd be permitted to return home while on bail. (If you simply arrive unannounced at the airport they might just assume that you were trying to sneak into the UK, rather than coming back to 'face the music').
Chris
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