As Just Answers have said that I can come back to you without further cost, I am trying to think of the best options to take this forward, in order to achieve an acquittal.
Further to the answer you gave to me re the action that can be taken in a Magistrates Court in respect of the case of my daughter you has been wrongly accused by her husband of scratching him on his arm.
The solicitor for my daughter agreed with the CPS solicitor, BEFORE the court hearing, that as my daughter was pleading Not Guilty, then the case would be adjourned until a later date. The Magistrates Court was presided over only , I think by a Legal Person, there were not 3 magistrates and when she pleaded Not Guilty she was immediately told that the case would be held on 24 April in the Magistrates Court.The proceedings took 5 to 10 minutes maximum.
This will mean that witnesses can be brought in and the husband, the arresting police officer and any one else can be questioned in court. In fact it has emerged that some evidence of the husbands drinking on the evening of the incident, had not been passed to the arresting officer by his colleagues. Despite the solicitor repeatedly asking to police officer to contact them in order to clarify the details he has not.
She has not been told or advised if there is an alternative such as electing to go to Crown Court with trial by jury.
Can you comment on the above and are you also able to answer the following:
1. Can a barrister be appointed to represent my daughter in the Magistrates Court. By doing this and having a barrister who can tear the prosecution to pieces by showing the incident on the day was not deliberate and could only be caused because the husband was using excess force to get the keys from my daughter thereby possibly causing a scratch on his arm by the keys. Also, to demonstrate the bad character of the husband who has been overnight in a polices cell for drunken behavoir on possibly 2 occasions after a football match and also turning up at a Relate consultation drunk. This was perhaps 18 months ago when attempts were being made to save the marriage.
2.Is staying with the hearing in the Magistrates Court a better option to try to achieve an acquittal or to request the hearing before a jury in the Crown Court.
3. Which is the better?
4. Which would be more costly?
I look forward to your reply.
Thank you so much.