ChatterBank1 min ago
Can You Drop Charges / Withdraw Your Statement For A Gbh Charge?
5 Answers
My partner was involved in a fight with my sisters bf that took place in their residence, after a heavy night of drinking. Once the fight had ended we left the occupancy and was shortly followed out by my sisters partner who was holding a knife, my partner was then stabbed in the leg resulting in 6 stitches. Both where held in custody resulting in my partner giving a statement and being released with no charge. My sisters partner is now on bail until March when he will be sentenced at Chelmsford Crown court, he has been told to expect to be charged with section 18 GBH. After careful thought my partner now wishes to withdraw his statement or drop charges as he does not want to inflict such a heavy sentence on the accused who is only 19 years old. Is there anything that can be done to decrease the charge to section 20?
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Before answering the question there are a few things which are not clear. You say:
“My sisters partner is now on bail until March when he will be sentenced at Chelmsford Crown court,…”
This suggests that he has been charged, appeared at the Magistrates’ Court, been sent to the Crown Court and been convicted (either by pleading guilty or having been found guilty at trial).
You then go on to say:
“…he has been told to expect to be charged with section 18 GBH”
If that above is correct then this cannot also be so. If he has been to court he must already have been charged and the choice of charge already decided.
However, back to the question, the choice of charge is not up to the victim or any witnesses. It is the CPS who have this sole responsibility. Any statements made cannot be “unmade” or withdrawn. Once made, they remain made. All that can be done is for a second statement to be taken which modifies the content of the first. (The person providing the statements will then find themselves questioned in court about the differences between the statements and how and why they have arisen). In any case, the difference between S18 and S20 is simply that of intent and it is doubtful that any modification to a statement would make a substantial difference to the charging decision the CPS might make.
“My sisters partner is now on bail until March when he will be sentenced at Chelmsford Crown court,…”
This suggests that he has been charged, appeared at the Magistrates’ Court, been sent to the Crown Court and been convicted (either by pleading guilty or having been found guilty at trial).
You then go on to say:
“…he has been told to expect to be charged with section 18 GBH”
If that above is correct then this cannot also be so. If he has been to court he must already have been charged and the choice of charge already decided.
However, back to the question, the choice of charge is not up to the victim or any witnesses. It is the CPS who have this sole responsibility. Any statements made cannot be “unmade” or withdrawn. Once made, they remain made. All that can be done is for a second statement to be taken which modifies the content of the first. (The person providing the statements will then find themselves questioned in court about the differences between the statements and how and why they have arisen). In any case, the difference between S18 and S20 is simply that of intent and it is doubtful that any modification to a statement would make a substantial difference to the charging decision the CPS might make.
no. you can say you want to drop the charges, but the police/cps do not have to listen to you and can choose to prosecute anyway (and usually do if injuries are severe enough/a particular offence is committed/done by a repeat offender). if you say something like i didn't mean it/i exaggerated, they can prosecute you for perjury (lying) or wasting police time. even if you withdraw a statement they can still make you appear in court, and if you choose to say nothing when you are there you can be done for contempt. you cannot petition to lower the level of charges, only say in court you do not want them to go to jail - but that is completely up to the judge sentencing, and they rarely listen and make their own mind up as to the punishment people get. your partner needs to think very, very carefully about what he does and take advice from his solicitor......and if somebody stabs someone (irrespective of who they are and how they are related to you) then they should be put on trial and punished, imho, as they are a dangerous individual. what if he does it again and the next person is not so lucky? the police, cps and the judge basically get to decide what happens after a crime is reported......and i think it is a good thing that relatives/friends do not interfere in this process. if your sister or her bf is putting pressure on you or your bf.....this can also be seen as interfering with a witness, which is also an offence and is taken very seriously as it interferes with the judicial process. the person in question is in very deep doo doo indeed.
As you have been told you can not 'withdraw' a statement once you have made it.
Only the CPS can decide to charge someone and what charge to use you have no say in it.
I have read your question and it looks like S18 is the correct charge, your sisters partner went and got a knife, followed you outside and stabbed you causing a wound that needed 6 stitches, that is a clear description of S18 GBH with intent.
Sorry but your sisters partner is looking at 5 years inside! no matter what you do or do not do!. Knife crime is viewed very seriously with a recommendation of a minimum of 5 years in jail.
There is not just your partners statement as evidence , there is the police arrest record and the hospital record of stab wound.
Only the CPS can decide to charge someone and what charge to use you have no say in it.
I have read your question and it looks like S18 is the correct charge, your sisters partner went and got a knife, followed you outside and stabbed you causing a wound that needed 6 stitches, that is a clear description of S18 GBH with intent.
Sorry but your sisters partner is looking at 5 years inside! no matter what you do or do not do!. Knife crime is viewed very seriously with a recommendation of a minimum of 5 years in jail.
There is not just your partners statement as evidence , there is the police arrest record and the hospital record of stab wound.
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