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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience:  Over 5 years in practice
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police have charged for me assaulting my wife, however my

Resolved Question:

police have charged for me assaulting my wife, however my wife does not want to press charges against me, will the police discontinue with prosecuting me
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.

Has she done this before?
Customer: replied 2 years ago.

no its the first time

Customer: replied 2 years ago.

she told the police she does not want to give evidence at court

Expert:  Jo C. replied 2 years ago.
thank you.

What did she say that you did exactly?
Customer: replied 2 years ago.

i bruised her arm during a argument the police took a picture of it.

Expert:  Jo C. replied 2 years ago.
Thank you.

I'm afraid that the days when they used to just drop cases because the complainants withdrew have gone. Unfortunately there were some women who were basically using the police as a mediation service and calling them when they knew that they never intended to give evidence against their partners but just wanted them out of the house for the evening. That led to understandable frustration on the part of the police and to deal with women who do that they have turned to seeking a summons to make them attend at court essentially to teach them that the police cannot be their personal mediation service.

Whether they will do that here or not is another matter. On the positive side, this is the first time that she has done this and you have to bear in mind that they will have women on their books who have made literally thousands of calls to the police. Also it's a fairly minor injury. Obviously I don't know whether there is any other aggravation here that would make them want to summons. You may just meet with a crown prosecutor who is militant. There are people within CPS who are on a crusade instead of applying the public interest test.

The practical reality though is that unless she gives evidence at court is no realistic prospect of conviction anyway.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
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