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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70121
Experience:  Over 5 years in practice
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My ex has been charged with 12 charges of assault another of

Customer Question

My ex has been charged with 12 charges of assault another of false imprisonment another of abh and another of attempted murder. I was the victim. Anyway he was in court yesterday and his solicitor got 6 weeks to review the file. Im so confused as im not sure if this means pps will drop any charges. pps haven't been in touch so am at a blank. Also he he has asked by solicitor to see our two year old. He has never been violent to him but my son showed a lot of distress when he returned from work and on one occasion my ex said he would kill him to get to me.....I think it was noise....but am now terrified his barrister will say I pressed charges to keep my son away from him. I didn't. I did want him away from me!
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

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

It doesn't mean they will drop the charges obviously. It just means they are reviewing them. Usually 'reviewing' the charges means considering dropping them or accepting other pleas.

Given the severity of the charges it is likely that they are going to consider carefully whether there is a realistic chance of conviction. Attempt murders are costly to prosecute and are going to be reviewed more carefully than common assaults in practice.

In relation to access to your son, it is possible that they could say these allegations were an attempt to stop access. That is an obvious point for them to take. Whether it would succeed or not is another matter. I'm afraid that there are people who do make allegations of this nature to disrupt contact.

He can ultimately get a court order allowing access anyway although it would probably be supervised in the short term.

Can I clarify anything for you?

Customer: replied 3 years ago.

Does his solicitor have an input into what charges are brought against him or just the pps. What is your recommendation re access

Expert:  Jo C. replied 3 years ago.
Yes, he can make representations to them.

Access is not really a matter for the criminal courts but he can get a court order anyway and then you would lose control over the arrangements so ultimately its likely to happen whether you agree or not.
Customer: replied 3 years ago.

My own solicitor has advised strongly that no contact should take place given the charges and severity of them. Do you believe this is the incorrect route?

Expert:  Jo C. replied 3 years ago.
I see that you've been displeased with my answer so far so I will be opting out.
Customer: replied 3 years ago.

I simply asked you if you believed another solicitors advice could be incorrect. Please refund my payment.

Expert:  Jo C. replied 3 years ago.
I have already opted out for others

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