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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69356
Experience:  Over 5 years in practice
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Hello, 3 weeks ago my boyfriend and i had an argument at a

Customer Question

Hello, 3 weeks ago my boyfriend and i had an argument at a rugby match in the street. i was very intoxicated and started the argument. he (apparently) pushed me and i fell to the ground. 3 girls (who we do not know) alerted the police and shouted that he had pushed me over. the next thing he was being carted off into a police van and arrested. i told them and they have it documented at the scene that i didn't want any of this. since then he has been released on bail but is under investigation for assault. i am not allowed any contact with him. i have been down to the police station and reiterated this is ridiculous and that i dont want anything to happen and explained how he pushed me but not very hard and to just make me leave him alone and that i fell over mainly de to intoxication. it was just a complete accident. they say there will be an outcome on 20th june and i have to wait until then. i dont know what to do as if i am saying i don't want there to be a case. how can it go ahead? i want to see him and its ruining our relationship, i am ill with worry and cannot get on with my life. the police are not telling me anything. they advised me not to do a statement as this would give CPS evidence to use in court. i am not being kept up to date with the case and i don't want the case t be going ahead. It is very unfair and i do not understand how after a silly drunken argument they can go about trying to ruin my life and my boyfriends. What can i do? What are the possible outcomes If i get a solicitor is there something i can do?

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

How did they come to arrest him unless you made comments at scene that suggested he had committed an offence?
Customer: replied 2 years ago.

Hi Jo,


 


Thank you. This is the problem. I was very drunk and don't really remember the incident completley. But the 3 strangers shouted the police over and i was on the floor and so i must have said yeah he pushed me but i even explained at scene that it was an accident and he hadn't meant to push me over which they say is documented that i dodnt want anything to be done and my views are very understood from the outset. they arrested him because these girls notified the police who were 10metres away and because it was a rugby match they had zero tolerance for fighting or any form of violence.

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

So is it right to say that you did make an allegation against him which you now want to withdraw?

They would not have acted if you hadn't. I realise that these three interfering young ladies called them but unless they made a statement there was no basis for an arrest.
Customer: replied 2 years ago.

I'm not too sure. Apparently they might have made a statement which is why they are now being classed as witnesses in the case. I'm not sure if at the scene i confirmed or not that he pushed me. They wont tell me. I was on the floor and the police told me not to get up as i had been pushed over?


 


The police officer dealing with the case spoke to me after he was arrested and i confirmed on the phone that i dont want anything to happen and since have been down the police station and he advised that regardless with what i said they have to investigate due to a new domestic violence law? Which is when he advised me not to do a statement as he said even by me saying he touched me slightly would give them more evidence to prosecute even if it was an accidental push. so advised it was best for me not say anything adn i cant write a statement to say he did not push me as thy are reviewing cctv so if that shows he pushed me it will make it worse?

Expert:  Jo C. replied 2 years ago.
The fact that they are witnesses is a problem.

The truth is that it doesn't really matter what you do now. They will prosecute him on their evidence. Whatever you say or do makes no difference to that.

It is unfair because you didn't really have much control here. Unfortunately there are some people who seem to think that the police are permanently available to meditate their relationship issues. Those are the ones who call them repeatedly and then try to withdraw their allegation. To put it bluntly, the police have had enough of those women and have started summonsing.

That is not your position really. You may have made an ill considered allegation at scene but whatever you had said wouldn't have made any difference if there are independent witneses.

If you have confirmed their allegation then the police may summons you to give evidence. If you don't answer the summons though then that is a contempt of court and obviously I cannot advise you to commit an offence. However, if you didn't not much would happen. They would just pursue him on the basis of the evidence of these girls.

They may not come to court. They may be inconsistent. I used to worry about a large number of witnesses when I defend and feel very pleased about them when I prosecute but the longer I practice the more I think it makes no difference unless they are compelling. If witnesses are rubbish then it doesn't matter if there are lot of them. Its just more bad evidence.

If there is CCTV showing a push in circumstances that are not self defence then he is likely to be prosecuted.

I'm very sorry and for what its worth I don't really approve of clogging up the criminal courts with this relationship nonsense either.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Is there no way I can get a solicitor and fight this? It was a tiny push and not to harm me. Should they be keeping me informed as I have been reading up a bit and it says that as i am classed as a 'victim' i need to be updated with the case?


Is there really nothing i can do now to fight this? i just feel i have no idea what is going on and it seems ridiculous when this is supppsedly about me?

Expert:  Jo C. replied 2 years ago.
No.

You are a witness at best and they do not get solicitors.

They don't have to update you. That is a protocol only and clearly not appropriate if a 'victim' is not supportive of the prosecution as it would just lead to information being passed to the defendant.

There's no way of preventing a prosecution on the evidence of others if the Crown are intent.

Customer: replied 2 years ago.

Thank you.


 


So just to clarify. I cannot stop them investigating either? I read that in if the person the alleged assault has happened to doesn't want to support the prosecution then they have to review whether to go ahead with the case and weigh it up against public interest.


 


Is there no way i can make a statement to stop the investigation?

Expert:  Jo C. replied 2 years ago.
No.

Where ever you read that, its a nonsense. There is an ongoing duty to review public interest but that isn't weakened because a person doesn't want a prosecution.

The truth is that it doesn't really matter what you do now. They will prosecute him on their evidence. Whatever you say or do makes no difference to that.

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