Can It Get Thrown Out ?

[Kayy]

Hi I have a question , my boyfriend was arrested and on bail the cps said they couldn't make a decision so have left it to the courts to decide he is due to enter his plea this week, there is no physical evidence , he is innocent if he pleads not guilty could they decide on the plea hearing to dismiss the case and not to any further ? , only evidence is a statement which has been retracted and in retraction statement says original was a lie , no other kind of evidence

[EDDIE51]

So is he out of prison on 'licence'? That would explain why the CPS 'could not make a decision' . I think you mean they could not decide to send him back to jail without a court hearing. You should have told us this in the begining it makes the entire thing diffrent.

[Kayy]

He had 10 weeks suspended for a yeah which would finish this month

[Kayy]

He has been seeing probation weekly and they have said they do not understand why he was charged as they said it was cause the cps couldn't make w decision and that she is going to suggest community service rather than prison ?

[EDDIE51]

He needs to get a solicitor on the case , nothing we can do on here.

[hc4361]

You are mistaken about him going to court because the CPS couldn't make a decision, as has already been stated on this thread.

[EDDIE51]

Yes the CPS do not decide to send him to jail or not , that has to be the court.

[Kayy]

He's got a solicitor but they didn't think he would get charged because of no physical evidence , was just hoping someone on here could give more info on whether prison is likely or not or if it can still be thrown out before the trial

[Canary42]

It almost sounds to me as though the mother could face a conspiracy charge, since it appears she was involved with others in "setting him up" then had second thoughts on realising she might have to face the Court with her pack of lies.

Best of luck to your boyfriend, it sounds to me like he deserves a second chance.

[EDDIE51]

He is only out of prison because his sentence was suspended. So yes he will go to prison if the court find him guilty of any other offence. I still do not understand all of this. I think he was only charged because he is on a suspended sentence and in that situation any further charge can put him straight in jail.

[Kayy]

Even if the year is up when it goes to trial ? Are they likely to find him guilty if they have no other evidence apart from the statements?

[EDDIE51]

It is thedate of the alledged offence that counts not the date of trial. But as I said this needs his solicitor it is too complicated to sort out online.

[Kayy]

Is it likely to go to crown court because of his record ? I think he's been charged with common assault but as domestic because its my family ? Do the police decide if it goes to crown ?

[EDDIE51]

Common assault is a magistrates only offence so he can't go to Crown for that.

[EDDIE51]

The police do not decide which cases go to crown court, it is the offence itself that says which court it goes to. Some offences are magistrates court only, some are 'each way' where the more serious cases go to crown,and some are crown court only. The police have nothing to do with it.

[Kayy]

He went to enter his plea today of not guilty trial date has been set for 3 weeks time, the prosecutor did say that there is a good chance it will be dropped in the next 2 weeks though so fingers crossed it is all dropped