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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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A man has denied assaulting his partner. The assault was seen

Customer Question

A man has denied assaulting his partner. The assault was seen by the partners mother who reported the incident to the police. The man punched the girl in the head and she fell to the ground. The mother called the police. The mother made a statement saying what she has seen.

The man has appeared in a magistrates court and was released on conditional bail until Aug. 2.

Since hie release he has moved back in with his partner.

One of the bail conditions is that he does not go near his partner.

He has threatened her and says that he will torch her flat.

As a consequence she has allowed him to move back in with her. She is unlikely to press charges as she loves him and does not want to see him sent to prison. She is also very afraid of him.

The court appearance if it goes ahead will be based on the girls mother's statement.

Q1. Could the man still be punished based on the mother's statement if the girl does not want to press charges ?

Q2. As the girl has allowed the man back into her flat and he is living with her with her agreement, what would happen if the police were made aware that the man has breached one of his bail conditions ?

The man has a history of violence to the girl and the police have been called previously and he has been taken and held by the police on numerous occasions but the girl has never pressed charges.

Basically I need the two questions answered.

I am trying to establish whether the man will be punished or even if a further court appearance will take place given that the girl will almost certainly not press charges and the only evidence is the mothers statement which the man says is untrue and denies even though the girl had to go to hospital for treatment.

I am also trying to establish the consequences of the man breaching his bail conditions given that the girl has agreed to him moving back in with her and she is therefore complicit in him breaching his bail conditions.

The man is 29 and the girl is 25. She has to work as a prostitute for him. If she does not provide him with enough money he hits her.

I am a friend of hers and I am considering telling the police that he is in breach of one of his bail conditions but there would be no point if her agreeing to him moving back in with her means that he can continue to live with her.

Additional question:

Q3. If he is considered to be in breach of one of his bail conditions regardless, what would the police do. Would he be immediately sent to prison until the court hearing.

I am sorry for the length of this communication. I should have thought it through better before I started typing.

I fear for my friend. I know it is only going to be a matter of time before he kills her. She has said that if he was in prison and away from her that she could start to build her life without him but she will not do anything to lead to his imprisonment.

I await your answers to my questions. This will help me in deciding whether to notify the police anonymously that he is living with her. They do not like the man and would be only too happy to carry out a late night or early morning raid. He has a long list of criminal offences and violence to women.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and 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.

Has he been in trouble before?
Customer: replied 3 years ago.

Yes many times. He has some 30 previous offences. Theft and criminal damage I know of.

Customer: replied 3 years ago.

Yes many times. He has some 30 previous offences. Theft and criminal damage that I know of.

Customer: replied 3 years ago.

The most recent court appearance was about one month ago. The man was found guilty of criminal damage. About one month earlier he did two weeks in prison for non-payment of fines.

Customer: replied 3 years ago.

Although he has committed some 30 offences I do not know if there are any convictions for violence against women. They may, like his current partner have not pressed charges. However the police have held him in cells on numerous occasions following violence to women, always a partner.

Expert:  Jo C. replied 3 years ago.
Thanks for this.

The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

In short, she wants to withdraw? Have they agreed?

Also Whats your connection to this please?
Customer: replied 3 years ago.

I am a longstanding friend.


 


I am unsure what you mean by "she wants to withdraw ?" or "have they agreed ?".


 


She will not ask him to leave for fear of the consequences.


 


They have agreed that he can stay because she is frightened to say otherwise.


 


I know what I know because she has both telephoned me and come to see me to tell me of her position.


 


If the police came to the flat and asked her if he is there with her agreement again she will say yes, again for fear of the consequences.


 


One of my questions was whether he can be there anyway given that he is in breach of at least one of her bail conditions.


 


If he is allowed to breach one of more of the conditions of his bail as long as she is agreeable then there is no point in my notifying the police.


 


Thank you for your explanation for the delay, I was wondering why the response was taking so long.


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Can we try to narrow this down?

I'm happy to answer all of your questions but its difficult to deal with that many in one post.

On your last point, of course he is in breach if bail. He can be prosecuted for that alone but if they have varied bail conditions to allow his return then its not likely that there would be a prosecution. It must be said that its very rare that he would not be pursued for this and even rarer that they would allow a bail variation but that may turn on the facts of this case.

What else did you want to know?

Jo
Customer: replied 3 years ago.


For JOMO1972


 


I don't really think we are getting anywhere here. I have asked 3 questions.


 


Q1. "Could the man still be punished based on the mother's statement if the girl does not want to press charges ?"


 


This question remains unanswered.


 


Q2. "As the girl has allowed the man back into her flat and he is living with her with her agreement, what would happen if the police were made aware that the man has breached one of his bail conditions ?"


 


There are no varied bail conditions. However, should the police go to the property she will say that he is there with her agreement. I have already stated this.


 


Therefore we have the position whereby he is in breach of his bail conditions but she will say she is ok with this. What happens then ?


 


Q3." If he is considered to be in breach of one of his bail conditions regardless, what would the police do. Would he be immediately sent to prison until the court hearing ?"


 


I am not sure that this question has been answered.

Expert:  Jo C. replied 3 years ago.
1. Yes but its not likely. It depends on the facts of the case but its likely they need her complaint

2. Yes thats a breach of bail but since she is encouraging it, that is very good mitigation.

3. Not likely to be wholly honest. They would just consider the breach and readmit him to bail.

Ultimately, with the best will in the world, domestics that are evidence lead rather than complaint lead very rarely lead to substantial punishment unfortunately.
Customer: replied 3 years ago.


Thank you.

Expert:  Jo C. replied 3 years ago.
No problem

Let me know if you need to know anything else n

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