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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69250
Experience:  Over 5 years in practice
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My partner has been charged by the CPS for ABH against me and

Customer Question

My partner has been charged by the CPS for ABH against me and is due to appear in crown court. We were both out one night he left early and I got extremely drunk when I returned home some 4 hours later the chain was on the door (I was extremely drunk and argumentative), he came downstairs to open it for me and I fell into the house lost my balance, slipped and hit my head on the radiator, I then chased him upstairs verbally shouting at him and trying to get hold of him and fell again at the top and hit my head on the wall or radiator which caused a large cut above my eyebrow and knocked myself out, when I woke I couldn't see properly as there was blood everywhere and I rang 999 for an ambulance, when they asked me what had happened I didn't know and I think I blamed my partner saying that I think he had hit or kicked me in the head and that he had caused it, the ambulance and police arrived and I was taken to A&E, the police came to see me in there but I didn't give a statement as I couldn't remember exactly what had happened however the CPS still charged my partner based on my injury and my phone call recording to 999. It wasn't until a couple of days later that what had happened started to come back to me and I spoke to a social worker (who had come to to a routine check as my son lives with us as they thought a domestic violence incident had taken place) and I told her what had happened (drunk fell and hit my head) she subsequently spoke to the police officer and he came the following day with a pre typed statement stating the same and said I needed to sign it as it would be unfair for the CPS to pursue my partner if he hadn't done anything and that he would give it to the CPS and they would drop charges. My partner is on bail conditions and cannot contact me, I haven't heard from anyone and don't know what is going on - will the CPS drop the charges? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Is this the first time the police have been called?
Customer: replied 3 years ago.

No its not its the thirda occasion the other occassions are:-

1. my partner locked me out one night and I couldn't wake him to get in so I broke the pain of glass in the back door at the bottom to get in - he woke and thought it was a burglar and phoned the police himself, when they came there was glass in the kitchen and they thought he had done it but he hadn't I had and told them this and gave a statement saying that and no charges were brought against him although they did arrest him and take him away for the night.

2. recently we had a drunken argument and I meant to phone my mum to chat to her but pressed the wrong key on my phone and got through to my son's dad, because I was upset / drunk he wasn't sure what was happening and called the police (which I am sure he did on purpose as we are going through a messy split which has been going on for 2 years now), when the police arrived we were both in bed and everything was fine but they arrested him again for no reason

Expert:  Jo C. replied 3 years ago.


Do you know if you signed the officer's notes?

Also, how old are your children and do they live with you?

The short answer is that they may well not prosecute him but there may be other actions they could take against you I'm afraid.
Customer: replied 3 years ago.

No I didn't sign any officers notes, I recall they took photo's of my face.

My son is 10, the police officer who came with the pre-typed statement for me to sign said the social worker said she wasn't concerned there was a problem.

I don't understand why they could take action against me when I didn't provide a statement? I was knocked out and completely confused and scared because of the blood when I came around; I am more concerned as to whether they will continue with the prosecution of my partner as he is due in court on 20th May will the CPS send him a letter saying the case is dropped or will he attend court and they will tell him then? I have tried contacting the police officer who came to see me however he is off at the moment.

Expert:  Jo C. replied 3 years ago.
You raise an interesting question actually.

It is not unusual that people call the police to domestic incidents and then want to withdraw.

For the most part though, they are saying that an incident of the kind described did happen but they don’t want to support a prosecution.

You seem to be saying it didn’t happen as described. Whichever way you look at this, that isn’t what you said to the 999 operator. You did make quite a specific allegation then.

What action they will take depends on their view of this. They will either take the view that you did make a false allegation or that you were telling the truth then and are reluctant to prosecute.

They don’t have a case against you in perjury because you didn’t sign a statement.

They could consider prosecuting you for perverting the course of justice. Overall, I’m not really sure the evidence supports it though. They will have to prove that you intended to pervert the course of justice and I’m not sure a statement to an operator that you think is going to call an ambulance is sufficient. If you repeated the allegation to a police officer that night then that would be sufficient.

If they take the view that you are making a false retraction then they can prosecute that as a matter of perverting the course of justice but I don’t think they would here really. The fact that you said all this to a social worker first supports this version of events.

If social services form the view that he has done this and you are protecting him by lying then they could remove the children but that doesn’t seem to be their position either really.

They can always give you a wasting police time fine but again I’m not sure thats really appropriate here. This is an ABH. Its not a minor offence. If they cannot prove perverting then they are more likely to leave it alone.

In any event, there is a sneaky trick with wasting police time fines. If you refuse to pay them then they may summons you to court. However, they need the consent of the DPP to bring a prosecution for wasting police time which they will not get for this. It would all dissipate into nothing normally.

In relation to the prosecution of your partner, if the only evidence they have against him is a statement that you made to the 999 operator when you were in drink then realistically this is not the strongest case. There have been a number of other incidents and your injuries were not insignificant so they are not going to want to drop this lightly. Knowing CPS they will set it down for endless reviews and then not look at the case. Long term though, they are going to have to throw their hand in as there is just no prospect of a conviction on these facts.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

Hi thank you can you just clarify last main paragraph 'There have been a number of other incidents and your injuries were not insignificant so they are not going to want to drop this lightly' I haven't had injuries previously. In your opinion will the CPS drop the case? would my partner be notified in the post or will they let him know on the day in court, and will the CPS send me any paperwork to advise on this?

Expert:  Jo C. replied 3 years ago.

No, but there have been calls to the police previously and this time your injuries were significant. I don't think they are going to be happy about dropping this. Long term though, if CPS have no other evidence but the CAD message they will have to. They can't drop it by post. He is charged. CPS would have to formally offer no evidence They might not do it by the 20th May though. Probably they will just keep adjourning it for endless reviews and never doing them knowing CPS as I do. Witness service will probably notify you.

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