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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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Morning, I am currently on bail for what I think is common

Customer Question

Morning,

I am currently on bail for what I think is common assault, I was with my one year old daughter and my partner (not my daughters mum) at my parents where there was a gathering of about 10 of us enjoying a meal. I wasn't driving so I did have a few drinks but not to a point where I couldn't look after my daughter. As we were leaving me and my partner had an argument as I put some beer in the car with our cases (to drink at home later that night or next day) and she wasn't happy with this.

In the end we didn't end up leaving, we went back into the house and my family left us to have our verbal argument. I then called the police as people were keeping my daughter away from me and I wanted to see her, in the end I was arrested after the police spoke to my partner because my partner said I pushed her on the arm in the car and on the chest in the house. There were 10 witnesses who I believe have confirmed we were loud, shouting and arguing but no-one actually saw me physically touch her.... because I didn't. But in her statement she has said I pushed her twice that night and then went on to say I have done this several times before in the past, I have denied all this (there was no markings on her) because it's not true! I have said in my statement it's not true, I have said yes I was shouting but as was she - it was a simple domestic!

I was released 24 hours later on bail (no charges yet) and the CPS to look into it and me return in two week's time to the police station.

I haven't ever been charged with anything in the past, I am a medical professional and a general manager (23 years' old). My partner has made a complaint in the past about someone else assaulting her but it didn't go any further as there wasn't enough evidence (maybe i should have mentioned this in my statement...I don't know?)

I want to know what will most likely happen next week?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Do you intend to plead guilty please?
Customer: replied 2 years ago.

I don't know if it will go that far as I haven't been charged yet? That is what I find out next week.


 


But I do not intend to plea guilty, so no.

Customer: replied 2 years ago.

I don't know if it will go that far as I haven't been charged yet? That is what I find out next week.


 


 


 


But I do not intend to plea guilty, so no.

Expert:  Jo C. replied 2 years ago.
Did you have a solicitor in interview?
Customer: replied 2 years ago.

No I didnt, I didnt feel the need... I just gave my statement.

Expert:  Jo C. replied 2 years ago.
That was a mistake obviously.

Will she give evidence do you think?

I note she has done this before.
Customer: replied 2 years ago.

She hasn't done this before - she has never reported me. She has however reported that an old manager assaulted her in the street but it went no further as there was no evidence - I didn't tell the police this in my statement which I probably should have done.


 


If it was to go to court I don't think she would give evidence.


 


What do you think the stages will be from here?

Expert:  Jo C. replied 2 years ago.
There would have been evidence. They could have prosecuted him on her statement alone. The fact that they didn't tends to suggest she wasn't believed. Don't worry about not mentioning it. They will have her record and you can get access to all of that.

All that will happen is that you will go to court and enter a plea. If its not guilty then it will be adjourned off for a trial date.

You probably need a defence statement if you want access to her previous allegations. You might be surprised. Half my clients have girlfriends that they didn't know were vexatious accusers until we lay hands upon previous CRIS reports!

You can use the duty solicitor at court. You should apply for legal aid. It might be denied on your earnings but you should apply. They will appoint a part 36 advocate to cross examine her even if you do not get legal aid as they wont want you doing it in person.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for this Jo.


 


Finally from the limited information you have what do you think the overall outcome would be?

Customer: replied 2 years ago.

Thanks for this Jo.


 


 


 


Finally from the limited information you have what do you think the overall outcome would be?

Expert:  Jo C. replied 2 years ago.
Sorry for the delay.

If she isn't giving evidence then the Crown will have to throw their hand in ultimately but they will summons her and put pressure on her to give evidence against you so it could be a long drawn out affair.

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