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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70694
Experience:  Over 5 years in practice
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we live in australia , e have a warrant for our arrest to appear

Resolved Question:

we live in australia , e have a warrant for our arrest to appear in court for a minor section 39 assault charge, it is a assault without any physical action,we are not guilty , but the CPS want us to appear in court and we cannot afford to pay the costs to go to the UK from Australia , we have no accommodation, so againg we would incur hotel costs ,it would run into many thousands of pounds , i have no previous convistions , i am 64 years old, please provide how we can address , plead not guilty ,and move this forward , thius case has been adjourned about 10 times be cause I am in Australia and have recently has two serious operations. what is our alternatives ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Jo C. :

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

Jo C. :

I'm not sure I can really give you good news.

Jo C. :

Are you on a summons or on bail?

Customer:

Hi Jo, we had left the UK the cps decided to charge us with assault.

Jo C. :

That doesn't make a lot of sense.

Jo C. :

Unless you are summonsed for the offence?

Jo C. :

If you were on bail then you should have been bailed back to a police station to be charged?

Customer:

june last year , we were involved in a minore skirmish , in a restaurant ,where i was accused of assault, there were camers in this busy restaurant apparently the police say they were not clear , so it is the word of the so called victim and his friends.

Customer:

We were issued with a warrant with bail.

Customer:

because we were out the country , we are in the Gold Coast Australia where we live , they want us my wife an I to come back to the UK to appear at court

Customer:

I am 65 my wife 63 ,its a joint accusation against a person that borrowed 95,000 pounds from us and 6 months later he went bankrupt we lost our money , and he gloats about it. he really should have been charged for fraud

Customer:

we want to know , do we physically have to attend court ?

Customer:

we were summoned around 10 times to appear in court , most of them all were posted to our old house in the uk we sold so we never even realised about these summonses , so the courts issued a warrant..

Customer:

if you google my name hector mcfarlane

Customer:

Jo, are you still there ?

Customer:

But I have had no answer .

Jo C. :

Im sorry. I lost my internet connection. What I need to know is were you given bail to go to court and didnt attend?

Customer:

No , only summonses sent to a house we no longer live in, only recently we alsked a solicitor to recieve a summons on our behalf, he went to court set up a court date for 17thMarch 2014 ,and pleaded not guilty on our behalf.

Customer:

This solicitor is nealy impossible to get a hold of , bearing in mins we are 10 hours in front here , when we call late at night here it is morning and he is in court ,when we call early morning the office is closed.

Customer:

we have written and asked him ,we only get his secretary she cannot answer our questions.

Customer:

we never personally recieven any summonses / but apparently about 10 summonses were issued for us to appear in court that we did not attend, most of the time we live in a small sea side town in Thailand

Customer:

the question we are asking you legally ,

Customer:

What is the legal position on us asking our solicitor / council to attend court on our behalf , will the court accept that ?s vllawyer usawg

Customer:

what is the legal position on us not appearing and having our legal representative appear for us.

Customer:

Jo, I have been on this since 8.17 a.m. my time it is now

Customer:

9.00 a.m , that is 43 minutes waiting for a answer from you.

Customer:

Jo ,i dont understand why you are offline here but seem to be online for new questions , can I assume now after trying to get a answer on this for 53 minutes you dont have a answer.

Expert:  Jo C. replied 4 years ago.
Hi

I've converted this to q and a as I could not see your responses in chat.

I will read over this now for you
Customer: replied 4 years ago.
Q&A

Please ask
Expert:  Jo C. replied 4 years ago.
Thanks

If you are on a summons then you do not have to attend in person. You commit no bail act offence in failing to attend. The practical reality though is that its likely that you would be convicted as you are not there to give evidence. These things often come down to credibility and if you are not there to have your credibility tested then probably the court would accept the crowns version of events.

I don't think that can have happened here though. If there is a warrant for your arrest then you must have been on bail at some point. The only other explanation is that the court had just issued an unlawful order which does sometimes happen at the magistrates court particularly but its obviously unlikely.

To contest this matter though you would need to attend court in the uk I'm afraid.

Even if you are convicted in absence though they are not going to extradite you from Australia for a common assault.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.
They put summonses on us ,we knew nothing about them, because we never attended court they put out a warrant, ok we know they will not exradite us , but we are British and do visit our families in the uk , that is why we want the matter to come to a conclusion but we estimate it will cost us 10,000 pounds to defend this, so a fine would be a fraction of this,as we have no previous convictions and I had a DUI about 10 years ago , I would expect a fine , anyway thanks for your help , only last question there was no injuries a swollen cheek only alleged , can the so called victims sue for damages , this case was brought oon by the CPS
Expert:  Jo C. replied 4 years ago.
They could but its not likely that they would. Its going to lead to very small award for the injuries you describe - literally under £100.
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