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leanne-jones
leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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Hi, my boyfriend has been charged for assaulting me by beating

Customer Question

Hi, my boyfriend has been charged for assaulting me by beating and is due in court on 11th July. However because I am heavily pregnant and could give birth any day now we have talked things through and we have mutually agreed that if he gets counselling for his anger as a couple and on his own and shows me that this will never happen again I would say to the police that even though the statement I gave was a completely and entirely true account of the events that happened I would not like to take it any further on the understanding that he gets the help he needs.
My question is that if I said this and dropped the charges what would that mean for myself, my boyfriends sentence and whether it would make any difference as he has already been charged?
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Is he on bail not to contact you? Is it the trial in July or first hearing?
Customer: replied 3 years ago.


No, he was on bail not to contact me but as of yesterday he was charged at the station and released on court bail with no restrictions because of the pregnancy so he can be there if I go into labour.


I assume it is the trial at it is going to magistrates.

Expert:  leanne-jones replied 3 years ago.
Yes any trial would be in the Magistrates Court.

What I can say is that you can file a statement saying that you do not support the prosecution. But one thing you do need to understand is that the prosecution does not belong to you, it belongs to the Police (CPS).

They decide whether prosecutions go ahead or not. What I can say in my experience in working for the CPS it will not be dropped. If you do not attend the trial then the CPS can apply for a witness summons for you to attend.

If you still fail to attend then they will ask for an adjournment to secure your attendance. But they will hardly ever drop a case. If the Court refuses the adjournment (and they are more likely to refuse the adjournment than not) then the CPS will offer no evidence.

But the matter is not likely just to be dropped, the CPS will wait for the Court to refuse an adjournment.

I hope this answers your question and if I can be of any further assistance, please do not hesitate to contact me.

Customer: replied 3 years ago.

If I did not support the prosecution would it have any effect on his sentence with the added extra of him working with me to resolve it and him getting help?


Also if I did not support the prosecution and not attend court would I then put myself in any kind of trouble?


Expert:  leanne-jones replied 3 years ago.
I assume he is pleading not guilty?

If he pleads guilty then you not supporting the prosecution would make no difference whatsoever to his sentence.

You would not be in trouble no - I have never known of a witness getting into trouble for not attending Court when I have been prosecuting.

I hope this answers your question and if I can be of any further assistance, please do not hesitate to contact me.

Customer: replied 3 years ago.


Yes he is pleading not guilty, so would it make a difference to the courts decision on him and if so what is a likely outcome?

Expert:  leanne-jones replied 3 years ago.
If he pleads guilty you get a lesser sentence. But they need a conviction to get a sentence and if you do not support the prosecution and wont give evidence it is unlikely they would get a conviction.

I hope this answers your question and if I can be of any further assistance, please do not hesitate to contact me.

Expert:  leanne-jones replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


Leanne

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