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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience:  Over 5 years in practice
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My partner was arrested this morning around 8.30.am, I was

Resolved Question:

My partner was arrested this morning around 8.30.am, I was staying at my sisters when
I had a call from him, by all accounts he is just dressed in is dressing gown, I cannot find
anything out at all, is there anything I can do, I am also concerned about is 81 year old
Aunt, she is really upset about what is going on
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.

What are you hoping to do about this please?
Customer: replied 2 years ago.

What sort of information do your require

Expert:  Jo C. replied 2 years ago.

What are you hoping to do about this please?
Expert:  Jo C. replied 2 years ago.
Hi

You can respond here?
Customer: replied 2 years ago.

can you ring me ? 01873 831081

Expert:  Jo C. replied 2 years ago.
We can only have contact online but I'm here if you can respond.
Customer: replied 2 years ago.

Jo, basically I cannot get in contact with my partner, I do not know


what is going on, I do not know how long they can keep him in custody.


It appears I just have to wait and in way its non of my business even though he is my civil partner.


 


Is there anyway I can get an answer ? Its been 7 hours and I have heard nothing !

Customer: replied 2 years ago.

Jo, I seem not to be getting anywhere.


 


How can I get an answer from the Police to what is happening with my partner ?

Customer: replied 2 years ago.

I have had no response to my question

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep reposting before I have responded and opening other questions which pushes this quesiton to the back of my list.

In short, you do not have a right to be told anything about his whereabouts. An arrest is governed by PACE. PACE is concerned with the rights of the suspect not those of a relative.

However, he can telephone you upon arrest. He will be offered a phone call as he has a right to have somebody informed of his arrest. There are some exceptions to this where people can be held incommunicado for a short time but not many.

How long they can hold him depends on the nature of the offence. If its an arrestable offence then its up to 24 hours before charge or release. If its a serious arrestible then up to 36. They can get extensions but its not common.

That doesn't mean he will be released of course. That just means they have to make a charging decision. PACE sought to address a situation where investigations went on for ever without the release of any person.

If they do charge him then they can make remand him and put him before the local court on Monday but only if they have grounds to fear failing to surrender, interference with witnesses or the commission of further offences.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Jo, sorry for bombarding you.


In short an estimate was made out by a garage for the £7,300 damages.


This is what the Judge is questioning and the extent of damage.


Julian stupidly contacted the garage and asked questions, this is why he has been arrested. He appears +in Court on Monday for doing this perverting the course of justice I believe.

Expert:  Jo C. replied 2 years ago.
I am sorry but that is serious.

Are you asking what sentence he will get?

If so, I need to know what he has said? I presume they are saying that he been intimidating a witness?
Customer: replied 2 years ago.

Jo, I am not sure, I had little time to talk to him. But yes he contacted the person who gave the estimate for the car, possibly establish whether the £7300 of work had been done. All I can say is the police are concerned about Julian's state of health and his mental state.


 


what is the worst that could happen, I am worried sick, he drives me to work and back and I am totally dependant on him because we live in the country

Expert:  Jo C. replied 2 years ago.
I am really sorry but if this is perverting the course of justice and remains perverting then he is probably going to go to prison.

He will be lucky to be released on bail on Monday.

If all he did was ask whether work had been done then I do not think that would amount to perverting the course of justice. Its wholly inappropriate for him to be contacting a prosecution witness but unless he made some threat to him or offered him an inducement that would damage the course of justice then that wouldn't offend. Obviously though I haven't seen the allegation against him.

Customer: replied 2 years ago.

Jo, again I do not know. I feel Julian was trying to find out whether the work had been done. But who knows what this person as told the police.


You have knocked me side ways, you say prison, how long a sentence


Jo ? So he when appears at the Magistrates Court on Monday, he could be sentenced to Crown Court for Judgement. Oh God I confess I worry for him Jo, he is the type that could commit suicide, this is what the Police have bee worried about.

Expert:  Jo C. replied 2 years ago.
It will be sent to the Crown Court. Its an indictable only offence. It can't be trial at the Magistrates Court.

The police will put him on suicide watch if there is any suggestion of that.

In terms of sentence it depends. If it was essentially a bribe not to give evidence then the case law says that the sentence should be around 4 months to a year.

If it was intimidation of a prosecution witness though then the sentences range from 7 years to 12 years although those do all involve much more serious acts of intimidation than a phone call.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Jo no way would it have been a bribe, I would say 100% it was a call to ask if the Mercedes had actually had the work done on it and I would say that Julian took on some one else's name to try and cover is own identity.

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