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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience:  Over 5 years in practice
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Hi I was arrested and charged with battery (spitting at

Resolved Question:

I was arrested and charged with battery (spitting at someone) I did not spit but I did go to.. The case is two again one, no cctv, no DNA, Police made decision to charge not CPS.
Have duty Solicitors take part in second part of questioning, but now says we don't need to meet until the the hearing, and will ask for statements etc. to be giving him on that day. I not happy with this and I was badly reeded at the station and feel i need to complane, the station was brand new, and I got locked in a cell that they could not open.. I panicked and push my way out when they finely got it open, I was then jumped on and I feel they used to much force, especially one officer. Before I was put in a cell and mental health nurse saw me and advised them im lible to panic etc after seen my medical history on line.. I have since found out the office who made the decision to charge was the same officer that user undue force
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
how can i help with this please?
Customer: replied 2 years ago.

HI Jo, please read above..

I very worried about this and what going to happen to me


Expert:  Jo C. replied 2 years ago.
I have read the above.
What is your question please?
Customer: replied 2 years ago.

Well, loads of them really.

What’s will happen 2 statements against mine.

Can the police get away with putting me in a cell they know was doggy as I say it was new. Can I ask for CCT footage from the station? They know I was not well and should not have treated me in this way..

The complete thing started buy the police coming to my door 2 weeks after this incident, I was out but they left a message for me to contact them, I did a number of times, but no one knew what it was about, finally I got someone how knew and agree to go to this new police station, I was asked if I was at the location on the said date, and then was questioned, then arrested, after I stopped the questioning as I could see the way it was going was not good, and I started to feel a panic attack going to happen I started to have panic attaches.. but got to the custardy desk, and this point I collapsed and the mental health nurse go involved, I was charmed down and was not manhandled as they could see what was needed, I got through custardy and then went straight to the nurse, at this point everyone was trying to keep me out of the cells, the nurse then did a report, but it seems it was not read.. I was taken to a cell, and locked in.. At this point I was in shock, I came there under my own steam and now I was locked in a cell trying my best to control myself. The came to the cell to figure print me but could not open it, the electronics did not work, the officer at the door said we have issues with these new door before. I then went in to total panic, I was on the intercom and it seemed like 10 minutes before they could get the door open I could here loads of people outside the door but just had to push out, looking back I'm sure they could see on the cctv I was in a real panic I had to get out at the point of getting out I was held by a few officers, but most where there the first panic attack and tried to calm me down, but two higher ranking offices started to really get heavy handed, I panicked more they were really hearting me, I could hear the other offices trying to tell then to stop but they did not. Then they trough me in to another cell really smashing me on the ground. In the end things calmed down.. I have some more questions with a solister present.. and then bailed to returned in 9 days, Beforehand we found out what they were going to do and they charged me, my wife was in the building and me taking some extra tablets. I have since found out the office that made the decision to charge was the one the used excessive force without taking advice or knowing anything about my condition and I did not go to CPC..

I don’t know what to do, it seem very unfair to have to go to court, after I have been treated this way for something that normally would get a simple caution, I believe the happenings in the police station made this decision to be taken.

Expert:  Jo C. replied 2 years ago.
1 Not sure what you mean about this?
2 Yes, they can. Placing you in a cell is lawful. You could ask for the footage but it would probably be refused unless it has a direct relevance to the offence.
The happenings or failures at the police station are a non issue. The Court will not consider them. Your treatment in custody has no relevance to the factual issues that the court has to decide.
The only time there would even be any consideration of what happened in police custody would be if the assault was said to have happened in police custody and then you would be charged with assault upon PC.
There is only one issue and that is whether or not you did, in fact, spit at a person. The other issues have no relevance.
Customer: replied 2 years ago.

It makes no sense the actions the police took while I was in custerdy must have influenced there derision.

I did not Spit.. but I went to.. I know that's just as bad in the eyes of the law, but If I go in and say I did not I have the person is did it to and another employee that say I did, how at the same time were being aggressive and invading my private space.. This was all over something really silly when collecting a none delivered parcel and then saying I did not have the right ID although I have 3 types of photo ID and the paper they posted through my do..

I feel I am going to get done for this as its simply there word against mine.

It cost me my job due to the police telling my employer, 2 days off work @ 350 per day and I need representation there @ another 300, then there is the possibility of prison for 6 month

Expert:  Jo C. replied 2 years ago.
Yes, it might have done. That is a non issue.
It is an unattractive defence that you intended to spit at a person but did not actually do so but it is a defence nevertheless.
As with any other offence, there is a risk you could be convicted on their evidence. It will be increased tenfold if you take irrelevant points about your treatment in custody.
Customer: replied 2 years ago.

I DO understand what your saying and Agree This should not come up in court, they could do!

I think what happed in the police station should be investigated before any other proceedings as I think they are pertianate to there decision makings, I also think what they did should not have happend, If I did anything wrong and they where right would they not have charged me for things that went on in the station?

My job/skills are trusted, needs clean security..

Expert:  Jo C. replied 2 years ago.
Not necessarily. They may have done that or they may not. People do misbehave in police custody fairly regularly and they are not always charged.
Either way, it has no relevance to the spitting which is the charge.
If you annoyed them in custody then that probably did influence the decision to charge you. That is not a defence.
Jo C., Barrister
Category: Law
Satisfied Customers: 69262
Experience: Over 5 years in practice
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