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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi, Im looking for some advice please, (Criminal Law)? I

Customer Question

Hi,

I’m looking for some advice please, (Criminal Law)?

I am French and living and working in England (in case it matters). I have been charged with Common Assault on my girlfriend at my house. I have no previous history for this behaviour. I have since apologised to her, as I know that it is my problem, and that it’s wrong to behave like that. I have called a perpetrators helpline and tried to join an anti-DV course to start fixing myself, but they will not allow me to attend any courses until the legal stuff is over.

Also, the police came to my house a week ago late at night and wanted to come in and look around, so of course I let them. They did not tell me why, or what they were looking for.
I am not supposed to be contacting my girlfriend at the moment, but I do love her and she loves me and we want to try to work things out after I make some progress fixing my aggression problem. Obviously we are not telling the police that we have been in contact. My police appointed solicitor has obviously advised me not to talk to her either.

I am having trouble getting any good advice from my solicitor, so am hoping that someone on here could advise please?

Here are the pertinent points:

We do not live together. She called the police after I fled my house. Paramedics and police attended. There were no witnesses. The police asked her questions, took photographs of her bruising, and took notes in the police notebook about what she said had happened and then asked her to sign underneath them. She has not provided any formal statement and does not wish to prosecute me. However my solicitor tells me that the police say that she has made a statement. She definitely has not unless they are referring to the signed notebook.

I handed myself in a couple of days later, and gave a ‘no comment’ interview. I have since been bailed twice, and have to appear at a Magistrates Court on 5th September. I have no idea what is going to happen to me, or how I should plead, as my solicitor will not talk to me properly until 4th September! I met with him yesterday for 30 minutes but he was writing notes and wouldn’t answer my questions properly. I will also need a translator and I don’t know how to arrange this or if it is free, (my friend is writing this question for me).

Can you please give me any advice/information regarding:

1. Does the police notebook signed by her constitute a ‘statement’? If so, can she retract it if she wants to, so that the CPS can’t use it?
2. Is there anything else that she can do to reduce the penalty that I face?
3. Likely sentencing if this ‘statement’ is used/not used?
4. How to plead?
5. How that will affect the sentencing/what will the likely sentencing be either way?
6. In court will they play her 999 phone call for everyone to hear? Will I also hear it?
7. After court, if I am not taken into custody, will I still be commanded to stay away from her and will it be an offence if I then contact her?
8. Can you tell me about how to arrange for a translator and if I have to pay for it?

Thank you,

M.A.
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.

Just to be clear, does your girlfriend wish to retract the allegations?
Customer: replied 3 years ago.

FOR JOMO1972


 


She wishes to do what she can to help me, without getting herself in trouble.

Expert:  Jo C. replied 3 years ago.
Please bear with me, I am having connection problems. I will be back with you shortly. Thanks
Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

What are you alleged to have actually done? What are the facts of the allegations?
Customer: replied 3 years ago.


Hi,


 


Alleged:


 


Common assault by beating.


Threatening her with a glass in her face, but not actually doing anything with it.


Hitting twice across the upper body in bed.


Elbowing in the head, leaving a lump.


Using judo on her to fight with her.


Throwing her into wardrobe doors.


Preventing her from leaving - holding her down while getting myself dressed.


 


Bruises on her body and a lump on her head.


 


I was bitten twice and scratched in the fray where she defended herself.


 


Is this what you need?


 


Thanks


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Yes, thats it.

Do you have any previous convictions please?
Customer: replied 3 years ago.

No, nothing at all.


Thanks

Expert:  Jo C. replied 3 years ago.
Thanks.
I am just off for 30 mins but I can get to this when I get back if thats OK?
Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

On your specific points.

1 Yes, if this is a domestic squabble then a signed notebook will amount to a S9 statement. She cannot retract. Once a statement is made the case no longer belongs to the complainant. What she can do, of course, is tell the Crown that she doesn't want to support a prosecution but they do have a policy of summonsing for domestics basically because so many women waste their time in this way.

2 Not really. She can always plead for leniency at court but with domestics the court may interpret that as controlling behaviour on the part of the defendant. I she really wants to help then the thing to do is not to make reports to the police. Of course, violence isn't acceptable but there are those who might think that its a relationship issue for you to sort out and her to leave if she wants to.

3 This is a higher end common assault and you can't hide from that. If its a first offence then probably you would avoid custody but its going to be an onerous community order.

4 If she is not likely to support this then you should really plead not guilty unless she actually walks through the doors of court and indicates she will give evidence. Its a matter for you and your legal team of course but I certainly wouldn't let a defendant plead in your circumstances.

5 A conviction or a late guilty plea does mean that you don't get credit for pleading not guilty but you have to balance the risks. If there is a chance of getting off entirely then a guilty plea isn't overall a good deal.

6 Yes, if the Crown rely on it they will disclose it to you.

7 They could make a restraining order. If you breach that then it will be an offence even when she phones up and encourages you to do that. Its completely unfair and we should stop prosecuting it. However, its the position now.

8 If you need a translator then the Court will organise it. They do need to be satisfied that you need one though.

Can I clarify anything for you?

Jo

Customer: replied 3 years ago.


FORJOMO1972


 


Hi, thank you for the information so far. Yes please, I’d like to clarify some more detail please. I’ve inserted the further questions into the text in capitals so it’s easy to see them.


I understand that it is impossible to predict what a Magistrate’s point of view will be, but if you could give me your best guess, or a range that it could fall between, then that would be very helpful. Sorry for any repetition in questions.Thank you.


 


 


1.Does the police notebook signed by her constitute a ‘statement’? If so, can she retract it if she wants to, so that the CPS can’t use it?


1 Yes, if this is a domestic squabble then a signed notebook will amount to a S9 statement. She cannot retract. Once a statement is made the case no longer belongs to the complainant. What she can do, of course, is tell the Crown that she doesn't want to support a prosecution but they do have a policy of summonsing for domestics basically because so many women waste their time in this way.


 


THE POLICE WERE CALLING HER A LOT AND ASKING HER TO PROSECUTE AND GIVE A STATEMENT. SHE DEFINITELY TOLD THEM NO ON NUMEROUS OCCASIONS.


A) IS THIS WHAT YOU ARE REFERRING TO WHEN YOU SAY SHE CAN TELL THE CROWN THAT SHE DOES NOT SUPPORT A PROSECUTION?


B) CAN SHE CALL THE POLICE UNIT INVOLVED AND TELL THEM THAT SHE DOES NOT WANT ANYTHING TO HAPPEN TO ME AND NOT TO TAKE ME TO COURT, OR TO ASK FOR THE ALLEGATION/CHARGES TO BE DROPPED?


C) IF THAT WOULD MAKE NO DIFFERENCE, WHAT ELSE CAN SHE SAY TO THEM?


(THE ONLY THING SHE IS NOT PREPARED TO DO IS TO TELL THEM THAT SHE LIED, BECAUSE SHE DIDN’T LIE)


 



2. Is there anything else that she can do to reduce the penalty that I face?


2 Not really. She can always plead for leniency at court but with domestics the court may interpret that as controlling behaviour on the part of the defendant. I she really wants to help then the thing to do is not to make reports to the police. Of course, violence isn't acceptable but there are those who might think that its a relationship issue for you to sort out and her to leave if she wants to.


 


OK, THAT MAKES SENSE. UNFORTUNATELY THIS IS ABOUT THE 6TH TIME THAT I HAVE BEHAVED LIKE THIS IN SIX MONTHS AS WELL AS BEING TOO CONTROLLING AND JEALOUS, SO I THINK SHE JUST COULDN’T TAKE IT ANY MORE AND I CAN SEE NOW HOW WRONG I HAVE BEEN. SHE DIDN’T KNOW THAT BY SIGNING THE POLICE NOTEBOOK THAT IT COULD BE USED, AND NOW WISHES THAT SHE HAD NEVER SIGNED IT BECAUSE SHE WAS NOT IN A GOOD STATE OF MIND WHEN SHE DID, AND DIDN’T FULLY UNDERSTAND WHAT IT MEANT.



3. Likely sentencing if this ‘statement’ is used/not used?


3 This is a higher end common assault and you can't hide from that. If its a first offence then probably you would avoid custody but its going to be an onerous community order.


 


OK, SO THE STATEMENT WILL BE USED...


A)PLEASE CAN YOU TELL ME MORE INFORMATION/DETAIL ABOUT THE ‘PROBABLY’ AVOIDING CUSTODY?


B) IF UNLUCKILY A CUSTODY SENTENCE WAS DECIDED ON, WOULD I ACTUALLY HAVE TO ‘SERVE’ IT IN PRISON AT ALL, AND WHAT WOULD BE IT’S LIKELY LENGTH, IN AND OUT OF PRISON?


C)PLEASE CAN YOU TELL ME WHAT KIND OF COMMUNITY ORDER I COULD EXPECT? (I.E. MAXIMUM LIKELY LENGTH, WHAT WOULD I MOST LIKELY BE ASKED TO DO?)


D) IF THERE WAS NO CUSTODY SENTENCED, JUST A COMMUNITY ORDER, WOULD I ALSO LIKELY BE FINED? WHAT WOULD BE A TYPICAL RANGE PLEASE?


 



4. How to plead?


4 If she is not likely to support this then you should really plead not guilty unless she actually walks through the doors of court and indicates she will give evidence. Its a matter for you and your legal team of course but I certainly wouldn't let a defendant plead in your circumstances.


 


A)I TAKE YOUR POINT, BUT I ACTUALLY FEEL LIKE IF I ADMIT TO WHAT I DID BUT ALSO GIVE MY SIDE OF THE STORY TO THE COURT THEN THIS WILL ALL BE CONCLUDED QUICKER – MAYBE EVEN ON THE DAY? THIS IS WHAT I WOULD PREFER TO DO AS LONG AS I DO NOT GO TO PRISON. I DON’T INTEND TO BEHAVE LIKE THIS AGAIN AND GENUINELY WANT THE ANTI-DV COURSE AS SOON AS POSSIBLE. I CAN’T FACE THE IDEA OF A NUMBER OF COURT DATES AND TRAWLING THROUGH EVIDENCE, AND THEN POSSIBLY ENDING UP WITH THE SAME SENTENCE ANYWAY? I JUST WANT IT OVER QUICKLY AND TO GET ON WITH MY LIFE.


 


 


B)CAN YOU COMMENT ON THE VARIOUS LIKELY OUTCOMES IN TERMS OF NUMBER OF COURT DATES, EVIDENCE BEING PRESENTED, AND DIFFERENCE IN SENTENCING OF: (I)PLEADING GUILTY, OR (II)ADMITTING THAT SOMETHING HAPPENED AND PUTTING MY SIDE ACROSS, OR (III)PLEADING NOT GUILTY?


 


 



5. How that will affect the sentencing/what will the likely sentencing be either way?


5 A conviction or a late guilty plea does mean that you don't get credit for pleading not guilty but you have to balance the risks. If there is a chance of getting off entirely then a guilty plea isn't overall a good deal.


 


THANK YOU. I’VE ASKED QUESTIONS TO DO WITH THIS ABOVE....


 



6. In court will they play her 999 phone call for everyone to hear? Will I also hear it?


 


6 Yes, if the Crown rely on it they will disclose it to you.


I REALLY DON’T WANT TO HAVE TO HEAR IT...


A)BY PLEADING GUILTY DOES THAT MEAN THEY WON’T HAVE TO PLAY THIS EVIDENCE IN COURT?


B)BY ADMITTING SOMETHING HAPPENED AND PUTTING ACROSS MY SIDE OF THE STORY, DOES THAT MEAN THEY WON’T HAVE TO USE THIS EVIDENCE?


C)BY PLEADING NOT GUILTY DOES THAT MEAN THEY WILL DEFINITELY USE THIS EVIDENCE?


 


 



7. After court, if I am not taken into custody, will I still be commanded to stay away from her and will it be an offence if I then contact her?


 


7 They could make a restraining order. If you breach that then it will be an offence even when she phones up and encourages you to do that. Its completely unfair and we should stop prosecuting it. However, its the position now.


 


IT WOULD BE THE SAME AS THE BAIL CONDITIONS THAT I HAVE NOW, AND YES UNFAIR, AND ADDED PRESSURE ON BOTH OF US.


A)CAN SHE ASK THE COURT NOT TO MAKE A RESTRAINING ORDER? HOW CAN SHE ASK FOR THIS – VIA THE POLICE UNIT?


B)WHAT LENGTH WOULD IT BE LIKELY TO BE FOR?



8. Can you tell me about how to arrange for a translator and if I have to pay for it?

8 If you need a translator then the Court will organise it. They do need to be satisfied that you need one though.


THANK YOU. I DEFINITELY DO – MY FRIEND IS WRITING THIS.

Expert:  Jo C. replied 3 years ago.
I'm really sorry but I can't see all of that because it exceeds the word length.

Would it be possible to summarise your question?
Customer: replied 3 years ago.

FOR JOMO1972


Hi, thank you for the information so far. Yes please, I’d like to clarify some more detail please. I’ve inserted the further questions into the text in capitals so it’s easy to see them.


I understand that it is impossible to predict what a Magistrate’s point of view will be, but if you could give me your best guess, or a range that it could fall between, then that would be very helpful. Sorry for any repetition in questions. Thank you.


 


I’ve reduced it down now, and numbered each section against what we have discussed previously...


 


1.THE POLICE WERE CALLING HER A LOT AND ASKING HER TO PROSECUTE AND GIVE A STATEMENT. SHE DEFINITELY TOLD THEM NO ON NUMEROUS OCCASIONS.


A) IS THIS WHAT YOU ARE REFERRING TO WHEN YOU SAY SHE CAN TELL THE CROWN THAT SHE DOES NOT SUPPORT A PROSECUTION?


B) CAN SHE CALL THE POLICE UNIT INVOLVED AND TELL THEM THAT SHE DOES NOT WANT ANYTHING TO HAPPEN TO ME AND NOT TO TAKE ME TO COURT, OR TO ASK FOR THE ALLEGATION/CHARGES TO BE DROPPED?


C) IF THAT WOULD MAKE NO DIFFERENCE, WHAT ELSE CAN SHE SAY TO THEM?


(THE ONLY THING SHE IS NOT PREPARED TO DO IS TO TELL THEM THAT SHE LIED, BECAUSE SHE DIDN’T LIE)


 


2. OK, THAT MAKES SENSE. UNFORTUNATELY THIS IS ABOUT THE 6TH TIME THAT I HAVE BEHAVED LIKE THIS IN SIX MONTHS AS WELL AS BEING TOO CONTROLLING AND JEALOUS, SO I THINK SHE JUST COULDN’T TAKE IT ANY MORE AND I CAN SEE NOW HOW WRONG I HAVE BEEN. SHE DIDN’T KNOW THAT BY SIGNING THE POLICE NOTEBOOK THAT IT COULD BE USED, AND NOW WISHES THAT SHE HAD NEVER SIGNED IT BECAUSE SHE WAS NOT IN A GOOD STATE OF MIND WHEN SHE DID, AND DIDN’T FULLY UNDERSTAND WHAT IT MEANT.


3. OK, SO THE STATEMENT WILL BE USED...


A)PLEASE CAN YOU TELL ME MORE INFORMATION/DETAIL ABOUT THE ‘PROBABLY’ AVOIDING CUSTODY?


B) IF UNLUCKILY A CUSTODY SENTENCE WAS DECIDED ON, WOULD I ACTUALLY HAVE TO ‘SERVE’ IT IN PRISON AT ALL, AND WHAT WOULD BE IT’S LIKELY LENGTH, IN AND OUT OF PRISON?


C)PLEASE CAN YOU TELL ME WHAT KIND OF COMMUNITY ORDER I COULD EXPECT? (I.E. MAXIMUM LIKELY LENGTH, WHAT WOULD I MOST LIKELY BE ASKED TO DO?)


D) IF THERE WAS NO CUSTODY SENTENCED, JUST A COMMUNITY ORDER, WOULD I ALSO LIKELY BE FINED? WHAT WOULD BE A TYPICAL RANGE PLEASE?


 


4. A)I TAKE YOUR POINT, BUT I ACTUALLY FEEL LIKE IF I ADMIT TO WHAT I DID BUT ALSO GIVE MY SIDE OF THE STORY TO THE COURT THEN THIS WILL ALL BE CONCLUDED QUICKER – MAYBE EVEN ON THE DAY? THIS IS WHAT I WOULD PREFER TO DO AS LONG AS I DO NOT GO TO PRISON. I DON’T INTEND TO BEHAVE LIKE THIS AGAIN AND GENUINELY WANT THE ANTI-DV COURSE AS SOON AS POSSIBLE. I CAN’T FACE THE IDEA OF A NUMBER OF COURT DATES AND TRAWLING THROUGH EVIDENCE, AND THEN POSSIBLY ENDING UP WITH THE SAME SENTENCE ANYWAY? I JUST WANT IT OVER QUICKLY AND TO GET ON WITH MY LIFE.


 


B)CAN YOU COMMENT ON THE VARIOUS LIKELY OUTCOMES IN TERMS OF NUMBER OF COURT DATES, EVIDENCE BEING PRESENTED, AND DIFFERENCE IN SENTENCING OF: (I)PLEADING GUILTY, OR (II)ADMITTING THAT SOMETHING HAPPENED AND PUTTING MY SIDE ACROSS, OR (III)PLEADING NOT GUILTY?


 


5. THANK YOU. I’VE ASKED QUESTIONS TO DO WITH THIS ABOVE....


 


6. I REALLY DON’T WANT TO HAVE TO HEAR IT...


A)BY PLEADING GUILTY DOES THAT MEAN THEY WON’T HAVE TO PLAY THIS EVIDENCE IN COURT?


B)BY ADMITTING SOMETHING HAPPENED AND PUTTING ACROSS MY SIDE OF THE STORY, DOES THAT MEAN THEY WON’T HAVE TO USE THIS EVIDENCE?


C)BY PLEADING NOT GUILTY DOES THAT MEAN THEY WILL DEFINITELY USE THIS EVIDENCE?


 


7. IT WOULD BE THE SAME AS THE BAIL CONDITIONS THAT I HAVE NOW, AND YES UNFAIR, AND ADDED PRESSURE ON BOTH OF US.


A)CAN SHE ASK THE COURT NOT TO MAKE A RESTRAINING ORDER? HOW CAN SHE ASK FOR THIS – VIA THE POLICE UNIT?


B)WHAT LENGTH WOULD IT BE LIKELY TO BE FOR?



8. THANK YOU. I DEFINITELY DO – MY FRIEND IS WRITING THIS.


 

Expert:  Jo C. replied 3 years ago.
Im sorry but I still can't view all of that.
Customer: replied 3 years ago.

FOR JOMO1972


 


Oh, it's showing on screen at this end and doesn't give a word limit (unhelpfully!). Where can you see up to? I will send it in 'chunks'...


Thank you for letting me know!

Expert:  Jo C. replied 3 years ago.
Chunks would be a really good idea. Then we can more easily track questions!

Do you want to do it one question at a time. Its much easier to keep under control then.
Customer: replied 3 years ago.

Ok...submitting question by question. There are 8...


 


1.Does the police notebook signed by her constitute a ‘statement’? If so, can she retract it if she wants to, so that the CPS can’t use it?


1 Yes, if this is a domestic squabble then a signed notebook will amount to a S9 statement. She cannot retract. Once a statement is made the case no longer belongs to the complainant. What she can do, of course, is tell the Crown that she doesn't want to support a prosecution but they do have a policy of summonsing for domestics basically because so many women waste their time in this way.


 


THE POLICE WERE CALLING HER A LOT AND ASKING HER TO PROSECUTE AND GIVE A STATEMENT. SHE DEFINITELY TOLD THEM NO ON NUMEROUS OCCASIONS.


A) IS THIS WHAT YOU ARE REFERRING TO WHEN YOU SAY SHE CAN TELL THE CROWN THAT SHE DOES NOT SUPPORT A PROSECUTION?


B) CAN SHE CALL THE POLICE UNIT INVOLVED AND TELL THEM THAT SHE DOES NOT WANT ANYTHING TO HAPPEN TO ME AND NOT TO TAKE ME TO COURT, OR TO ASK FOR THE ALLEGATION/CHARGES TO BE DROPPED?


C) IF THAT WOULD MAKE NO DIFFERENCE, WHAT ELSE CAN SHE SAY TO THEM?


(THE ONLY THING SHE IS NOT PREPARED TO DO IS TO TELL THEM THAT SHE LIED, BECAUSE SHE DIDN’T LIE)

Customer: replied 3 years ago.

2. Is there anything else that she can do to reduce the penalty that I face?


2 Not really. She can always plead for leniency at court but with domestics the court may interpret that as controlling behaviour on the part of the defendant. I she really wants to help then the thing to do is not to make reports to the police. Of course, violence isn't acceptable but there are those who might think that its a relationship issue for you to sort out and her to leave if she wants to.


 


OK, THAT MAKES SENSE. UNFORTUNATELY THIS IS ABOUT THE 6TH TIME THAT I HAVE BEHAVED LIKE THIS IN SIX MONTHS AS WELL AS BEING TOO CONTROLLING AND JEALOUS, SO I THINK SHE JUST COULDN’T TAKE IT ANY MORE AND I CAN SEE NOW HOW WRONG I HAVE BEEN. SHE DIDN’T KNOW THAT BY SIGNING THE POLICE NOTEBOOK THAT IT COULD BE USED, AND NOW WISHES THAT SHE HAD NEVER SIGNED IT BECAUSE SHE WAS NOT IN A GOOD STATE OF MIND WHEN SHE DID, AND DIDN’T FULLY UNDERSTAND WHAT IT MEANT.

Customer: replied 3 years ago.

3. Likely sentencing if this ‘statement’ is used/not used?


3 This is a higher end common assault and you can't hide from that. If its a first offence then probably you would avoid custody but its going to be an onerous community order.


 


OK, SO THE STATEMENT WILL BE USED...


A)PLEASE CAN YOU TELL ME MORE INFORMATION/DETAIL ABOUT THE ‘PROBABLY’ AVOIDING CUSTODY?


B) IF UNLUCKILY A CUSTODY SENTENCE WAS DECIDED ON, WOULD I ACTUALLY HAVE TO ‘SERVE’ IT IN PRISON AT ALL, AND WHAT WOULD BE IT’S LIKELY LENGTH, IN AND OUT OF PRISON?


C)PLEASE CAN YOU TELL ME WHAT KIND OF COMMUNITY ORDER I COULD EXPECT? (I.E. MAXIMUM LIKELY LENGTH, WHAT WOULD I MOST LIKELY BE ASKED TO DO?)


D) IF THERE WAS NO CUSTODY SENTENCED, JUST A COMMUNITY ORDER, WOULD I ALSO LIKELY BE FINED? WHAT WOULD BE A TYPICAL RANGE PLEASE?

Customer: replied 3 years ago.

4. How to plead?


4 If she is not likely to support this then you should really plead not guilty unless she actually walks through the doors of court and indicates she will give evidence. Its a matter for you and your legal team of course but I certainly wouldn't let a defendant plead in your circumstances.


 


A)I TAKE YOUR POINT, BUT I ACTUALLY FEEL LIKE IF I ADMIT TO WHAT I DID BUT ALSO GIVE MY SIDE OF THE STORY TO THE COURT THEN THIS WILL ALL BE CONCLUDED QUICKER – MAYBE EVEN ON THE DAY? THIS IS WHAT I WOULD PREFER TO DO AS LONG AS I DO NOT GO TO PRISON. I DON’T INTEND TO BEHAVE LIKE THIS AGAIN AND GENUINELY WANT THE ANTI-DV COURSE AS SOON AS POSSIBLE. I CAN’T FACE THE IDEA OF A NUMBER OF COURT DATES AND TRAWLING THROUGH EVIDENCE, AND THEN POSSIBLY ENDING UP WITH THE SAME SENTENCE ANYWAY? I JUST WANT IT OVER QUICKLY AND TO GET ON WITH MY LIFE.


 


 


B)CAN YOU COMMENT ON THE VARIOUS LIKELY OUTCOMES IN TERMS OF NUMBER OF COURT DATES, EVIDENCE BEING PRESENTED, AND DIFFERENCE IN SENTENCING OF: (I)PLEADING GUILTY, OR (II)ADMITTING THAT SOMETHING HAPPENED AND PUTTING MY SIDE ACROSS, OR (III)PLEADING NOT GUILTY?

Customer: replied 3 years ago.

5. How that will affect the sentencing/what will the likely sentencing be either way?


5 A conviction or a late guilty plea does mean that you don't get credit for pleading not guilty but you have to balance the risks. If there is a chance of getting off entirely then a guilty plea isn't overall a good deal.


 


THANK YOU. I’VE ASKED QUESTIONS TO DO WITH THIS ABOVE....

Customer: replied 3 years ago.

6. In court will they play her 999 phone call for everyone to hear? Will I also hear it?


 


6 Yes, if the Crown rely on it they will disclose it to you.


I REALLY DON’T WANT TO HAVE TO HEAR IT...


A)BY PLEADING GUILTY DOES THAT MEAN THEY WON’T HAVE TO PLAY THIS EVIDENCE IN COURT?


B)BY ADMITTING SOMETHING HAPPENED AND PUTTING ACROSS MY SIDE OF THE STORY, DOES THAT MEAN THEY WON’T HAVE TO USE THIS EVIDENCE?


C)BY PLEADING NOT GUILTY DOES THAT MEAN THEY WILL DEFINITELY USE THIS EVIDENCE?

Customer: replied 3 years ago.

7. After court, if I am not taken into custody, will I still be commanded to stay away from her and will it be an offence if I then contact her?


 


7 They could make a restraining order. If you breach that then it will be an offence even when she phones up and encourages you to do that. Its completely unfair and we should stop prosecuting it. However, its the position now.


 


IT WOULD BE THE SAME AS THE BAIL CONDITIONS THAT I HAVE NOW, AND YES UNFAIR, AND ADDED PRESSURE ON BOTH OF US.


A)CAN SHE ASK THE COURT NOT TO MAKE A RESTRAINING ORDER? HOW CAN SHE ASK FOR THIS – VIA THE POLICE UNIT?


B)WHAT LENGTH WOULD IT BE LIKELY TO BE FOR?

Customer: replied 3 years ago.

8. Can you tell me about how to arrange for a translator and if I have to pay for it?

8 If you need a translator then the Court will organise it. They do need to be satisfied that you need one though.


THANK YOU. I DEFINITELY DO – MY FRIEND IS WRITING THIS.

Expert:  Jo C. replied 3 years ago.
Would you mind submitting these questions one at a time. I think they are uploading but I can't view them on my ipad if you keep posting one after the idea.

The alternative is to summarise your questions?
Customer: replied 3 years ago.

Hi, thank you for the information so far. Yes please, I’d like to clarify some more detail please. I’ve inserted the further questions into the text in capitals so it’s easy to see them.


I understand that it is impossible to predict what a Magistrate’s point of view will be, but if you could give me your best guess, or a range that it could fall between, then that would be very helpful. Sorry for any repetition in questions. Thank you.


 


Hi again – I’ve reduced it into two sections across two messages – hopefully it will display this time!


 


1.THE POLICE WERE CALLING HER A LOT AND ASKING HER TO PROSECUTE AND GIVE A STATEMENT. SHE DEFINITELY TOLD THEM NO ON NUMEROUS OCCASIONS.


A) IS THIS WHAT YOU ARE REFERRING TO WHEN YOU SAY SHE CAN TELL THE CROWN THAT SHE DOES NOT SUPPORT A PROSECUTION?


B) CAN SHE CALL THE POLICE UNIT INVOLVED AND TELL THEM THAT SHE DOES NOT WANT ANYTHING TO HAPPEN TO ME AND NOT TO TAKE ME TO COURT, OR TO ASK FOR THE ALLEGATION/CHARGES TO BE DROPPED?


C) IF THAT WOULD MAKE NO DIFFERENCE, WHAT ELSE CAN SHE SAY TO THEM?


(THE ONLY THING SHE IS NOT PREPARED TO DO IS TO TELL THEM THAT SHE LIED, BECAUSE SHE DIDN’T LIE)


 


2. OK, THAT MAKES SENSE. UNFORTUNATELY THIS IS ABOUT THE 6TH TIME THAT I HAVE BEHAVED LIKE THIS IN SIX MONTHS AS WELL AS BEING TOO CONTROLLING AND JEALOUS, SO I THINK SHE JUST COULDN’T TAKE IT ANY MORE AND I CAN SEE NOW HOW WRONG I HAVE BEEN. SHE DIDN’T KNOW THAT BY SIGNING THE POLICE NOTEBOOK THAT IT COULD BE USED, AND NOW WISHES THAT SHE HAD NEVER SIGNED IT BECAUSE SHE WAS NOT IN A GOOD STATE OF MIND WHEN SHE DID, AND DIDN’T FULLY UNDERSTAND WHAT IT MEANT.


3. OK, SO THE STATEMENT WILL BE USED...


A)PLEASE CAN YOU TELL ME MORE INFORMATION/DETAIL ABOUT THE ‘PROBABLY’ AVOIDING CUSTODY?


B) IF UNLUCKILY A CUSTODY SENTENCE WAS DECIDED ON, WOULD I ACTUALLY HAVE TO ‘SERVE’ IT IN PRISON AT ALL, AND WHAT WOULD BE IT’S LIKELY LENGTH, IN AND OUT OF PRISON?


C)PLEASE CAN YOU TELL ME WHAT KIND OF COMMUNITY ORDER I COULD EXPECT? (I.E. MAXIMUM LIKELY LENGTH, WHAT WOULD I MOST LIKELY BE ASKED TO DO?)


D) IF THERE WAS NO CUSTODY SENTENCED, JUST A COMMUNITY ORDER, WOULD I ALSO LIKELY BE FINED? WHAT WOULD BE A TYPICAL RANGE PLEASE?

Expert:  Jo C. replied 3 years ago.
Thanks

A. Yes

B. yes but they will summons

C. There are no magic wands really.

3

A. What else did you want to know?

B. its not going to happen on a first offence.

C. It depends on your issues. Probably anger management.

D. There no prospect of a fine. This too serious for that.
Customer: replied 3 years ago.


Second section....


 


4. A)I TAKE YOUR POINT, BUT I ACTUALLY FEEL LIKE IF I ADMIT TO WHAT I DID BUT ALSO GIVE MY SIDE OF THE STORY TO THE COURT THEN THIS WILL ALL BE CONCLUDED QUICKER – MAYBE EVEN ON THE DAY? THIS IS WHAT I WOULD PREFER TO DO AS LONG AS I DO NOT GO TO PRISON. I DON’T INTEND TO BEHAVE LIKE THIS AGAIN AND GENUINELY WANT THE ANTI-DV COURSE AS SOON AS POSSIBLE. I CAN’T FACE THE IDEA OF A NUMBER OF COURT DATES AND TRAWLING THROUGH EVIDENCE, AND THEN POSSIBLY ENDING UP WITH THE SAME SENTENCE ANYWAY? I JUST WANT IT OVER QUICKLY AND TO GET ON WITH MY LIFE.


 


B)CAN YOU COMMENT ON THE VARIOUS LIKELY OUTCOMES IN TERMS OF NUMBER OF COURT DATES, EVIDENCE BEING PRESENTED, AND DIFFERENCE IN SENTENCING OF: (I)PLEADING GUILTY, OR (II)ADMITTING THAT SOMETHING HAPPENED AND PUTTING MY SIDE ACROSS, OR (III)PLEADING NOT GUILTY?


 


5. THANK YOU. I’VE ASKED QUESTIONS TO DO WITH THIS ABOVE....


 


6. I REALLY DON’T WANT TO HAVE TO HEAR IT...


A)BY PLEADING GUILTY DOES THAT MEAN THEY WON’T HAVE TO PLAY THIS EVIDENCE IN COURT?


B)BY ADMITTING SOMETHING HAPPENED AND PUTTING ACROSS MY SIDE OF THE STORY, DOES THAT MEAN THEY WON’T HAVE TO USE THIS EVIDENCE?


C)BY PLEADING NOT GUILTY DOES THAT MEAN THEY WILL DEFINITELY USE THIS EVIDENCE?


 


7. IT WOULD BE THE SAME AS THE BAIL CONDITIONS THAT I HAVE NOW, AND YES UNFAIR, AND ADDED PRESSURE ON BOTH OF US.


A)CAN SHE ASK THE COURT NOT TO MAKE A RESTRAINING ORDER? HOW CAN SHE ASK FOR THIS – VIA THE POLICE UNIT?


B)WHAT LENGTH WOULD IT BE LIKELY TO BE FOR?



8. THANK YOU. I DEFINITELY DO – MY FRIEND IS WRITING THIS.

Expert:  Jo C. replied 3 years ago.
4. Thats a matter for you but its a bad idea.

B. can you ask a specific question? Not sure what you mean.

6. What evidence?
Customer: replied 3 years ago.

FOR JOMO1972


 


7. IT WOULD BE THE SAME AS THE BAIL CONDITIONS THAT I HAVE NOW, AND YES UNFAIR, AND ADDED PRESSURE ON BOTH OF US.


A)CAN SHE ASK THE COURT NOT TO MAKE A RESTRAINING ORDER? HOW CAN SHE ASK FOR THIS – VIA THE POLICE UNIT?


B)IF COURT DOES DECIDE ON GIVING A RESTRAIING ORDER WHAT LENGTH WOULD IT BE LIKELY TO BE FOR?

Expert:  Jo C. replied 3 years ago.
7

A. Yes, they won't impose a restraining order unless she wants one.

B. its probably going to be indefinite. But that won't happen unless she wants one
Customer: replied 3 years ago.

FOR JOMO1972


 


Thank you – can you clarify a few points please? (I’ve put questions in capitals again) If it does not load for you, please let me know and I will split it again...



1.A.Yes


1.B. yes but they will summons


1.C. There are no magic wands really.


OK, SO IS IT BEST THAT SHE DOES NOT CALL THE POLICE TO DISCUSS THE CASE AT ALL?



3.A. What else did you want to know?


I SUPPOSE I WANT TO KNOW THAT IS IT A VIRTUAL CERTAINTY THAT THERE WILL BE NO CUSTODIAL SENTENCE BASED ON THE INFORMATION THAT I HAVE GIVEN YOU?



3.C. It depends on your issues. Probably anger management.


SO IT’S LIKELY THAT I WOULD JUST BE GIVEN A COURSE THAT I ALREADY WANT TO ATTEND, NO CUSTODY, AND NO FINE?


WHAT ABOUT COMMUNITY SERVICE?



4. A.Thats a matter for you but its a bad idea.


CAN I ASK WHY YOU THINK IT’S A BAD IDEA? FROM WHAT I UNDERSTAND THE PENALTY WOULD NOT BE TOO TERRIBLE (A COURSE AS MENTIONED ABOVE AND A MARK ON MY RECORD) AND IT WOULD BRING EVERYTHING TO A QUICK CONCLUSION AND NOT PUT MY GIRLFRIEND THROUGH ANY MORE STRESS?



4. B. can you ask a specific question? Not sure what you mean.


I SUPPOSE I AM ASKING WHAT IS THE LIKELY CHAIN OF EVENTS/COURT PROCESS AND NUMBER OF APPEARANCES/OUTCOME IF I:



  1. 1. PLEAD GUILTY

  2. 2. PLEAD NOT-GUILTY

  3. 3. PLEAD GUILTY TO A LOWER/DIFFERENT CHARGE



6. What evidence?

- PHOTOGRAPHS OF BRUISING AND A ROOM IN DISARRAY


- 999 CALL RECORDING – SHE CALLED AFTER I FLED THE HOUSE


HOW WOULD I PLEAD IN ORDER TO AVOID THE CALL BEING PLAYED TO ME/IN COURT? (I REALLY DON’T WANT TO HAVE TO HEAR IT).


IS IT A CASE OF PLEADING GUILTY AND THEN NO CALL EVIDENCE IS REQUIRED?


AND IF I PLEAD NOT GUILTY THEY WOULD PLAY IT TO TRY TO SECURE A CONVICTION?



7.A. Yes, they won't impose a restraining order unless she wants one.


IF SHE DOESN’T COME TO COURT AND DOESN’T SPEAK TO THE POLICE AT ALL BEFORE COURT, IS THE ‘DEFAULT’ SETTING THAT NO RESTRAINING ORDER WOULD BE MADE?

Expert:  Jo C. replied 3 years ago.
1c Probably. All telling them that she is reluctant will do is warn them of the need to get a summons.

3c Its as I've said above really. A community order is likely for the reasons I've explained and in the range given.

4a. Because its a guilty plea and the onus is upon the crown to prove it. All you are doing is making the job of the police easier.

4b I'm sorry but I'm still not sure what you actually want to know? What do you mean by chain of events?

6 If you plead guilty they won't call evidence but then if she doesn't attend they won't either.

7 No, there is a risk that they could seek a restraining order. If she doesn't want one then she can apply for it to be varied or removed.
Customer: replied 3 years ago.

FOR JOMO1972


 


Thank you very much for that - could you answer #3 for me please?


 


3.A. What else did you want to know?


I SUPPOSE I WANT TO KNOW THAT IS IT A VIRTUAL CERTAINTY THAT THERE WILL BE NO CUSTODIAL SENTENCE BASED ON THE INFORMATION THAT I HAVE GIVEN YOU?


 


And that the community order you mention is simply a DV/Anger course and nothing more? (If it could be more than that, please could you give an example? Thanks)

Expert:  Jo C. replied 3 years ago.
Well, I can't give you any guarantees but its probable that you will not get custody.

As I said above, the community order will depend on your issues and I will not know what they are. Given the nature of the offence those options are likely. They could consider an IDAP although thats not likely for a common assault. They could make an unpaid work order or curfew or a variety of other options depending on the issues probation identify. All of which would be avoided if they have to drop the case because she is co-operating.

I'm happy to continue with this but please rate my answer.

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