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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son has an exclusion order against him because he was at

Customer Question

My son has an exclusion order against him because he was at the scene of a fight where there was a knife involved - he did not know of it until he was arrested the next day.
He is in university and he is told he cannot go on to campus until the hearing in a month. The incident was not on campus but the alleged victim is in the uni.

What can he do about this? I'm thinking about if he was working there whould he be able to go to work? Is there a difference because he is a student?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

When you say an exclusion order, do you mean he is on police bail?
Customer: replied 2 years ago.


Yes - he is'nt here with me so I may not have all the info

Expert:  Jo C. replied 2 years ago.
Was the fight on the university campus?
Customer: replied 2 years ago.


No. Him and a friend (one he does not know very well) were on their way home from a club. My son was walking on and then looked back to see his friend and another guy (he does not know) rolling on the ground. He went back and tried to break it up - I believe he kicked the guys leg and pulled him off. The guy slapped him. someone called the police and my son ran home. next morning police came to arrest him saying there was a knife - my son knew nothing about it. he is not worried about that as he says that is the truth. the prob is he cannot go on campus - he needs to do group projects.

Expert:  Jo C. replied 2 years ago.
Ok.

Was that on campus?

Or possibly are any of the witnesses on campus?
Customer: replied 2 years ago.

The alleged victim is on campus - I believe


nothing on the night was on campus but I think my son ran home through the campus

Expert:  Jo C. replied 2 years ago.
Thanks. Thats all I need to know.

If he hasn't been to court yet then these will be conditions imposed by the police. There is absolutely no point in taking it up with the University or the Student Union as its nothing to do with them.

You can ask the police to vary the conditions. You can appeal police bail conditions to the Magistrates Court.

Unfortunately you will not get legal aid for doing so though and it would be irresponsible of me to tell you there is a good chance. This is a relatively serious incident and the victim is on campus. The conditions will be to stop him interfering with witnesses and obstructing justice.

There is an outside chance that the Court could vary it to a condition of non contact with the victim but nobody can guarantee that because they won't want a risk of default meetings between them.

Also, if ID is to be any form of issue here, he is not helping himself by placing himself in a situation where the alleged victim can have the opportunity to study his features any further.

I do realise this isn't convenient for him but the problem is that the alternative is a remand in custody.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.


Thank you. That clarifies things for me. So if he worked on campus the same would apply and he would not be able to go to work?

Expert:  Jo C. replied 2 years ago.
Yes.

The only issue really is that he has a legitimate reason to go there which is a consideration for the court but it has to be weighed against the factors in the bail act like the risk of interference with witneses.

Also, its not really in his interests to go there if he is running ID.
Customer: replied 2 years ago.


ID is not an issue for him as he is not trying to run from it. He is sure of his position that he new nothing of this knife or what ever it was. The police went to interview his house mates ehwn he was in the station and there was nothing for them to say as there was never a discussion about a knife / weapon.


In any case you are saying he will have to go to court to over turn nthe order. This will take time too. The overring issuer is that my son may not be able to complete his degree (this is his final year). Does he not have rights about this.

Expert:  Jo C. replied 2 years ago.

You can get an appeal listed fairly quickly but the question is whether or not its going to succeed.

The court have to balance the impact it will have upon him with the impact upon the case unfortunately.
Jo C., Barrister
Category: Law
Satisfied Customers: 69507
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

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