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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I made a second witness statement to say defendant did not

Resolved Question:

I made a second witness statement to say defendant did not point firearm at me as stated in first statement but he still had it there. I also said injuries to my face were caused by fall after he pushed me and not a punch as first stated.
He pleaded not guilty to ABH and possessing an imitation firearm with intent to threaten violence or fear.
Will the trial still go ahead once the cps have read my second statement or will they close it and let him off remand
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help hi.
Alex Watts : you
Alex Watts : The trial may or may not go ahead. If they think there is enough evidence for a conviction it will proceed. If there is not enough evidence for a conviction they may drop it
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

They have text messages and photographs, the police also did say that whether he hit me in the face or him pushing me and the fall caused the injuries, it still amounts to assault and if so could they still proceed with the 'assault causing actual bodily harm' charge

Alex Watts :

Yes they could potentially use the text messages and photohtaphs.

Alex Watts :

* photographs *

Alex Watts :

You can withdraw your statement but they can proceed on the basis of the remaining evidence

Alex Watts :

Does that help?

Customer:

yes, could you tell me, I made the second statement last Thursday, if the CPS decide not to prosecute, how long will they usually take to make any decision as the trial is on a warned date starting next month. Also if they don't prosecute how long does it usually take for the defendant to be released from remand?

Alex Watts :

It depends on how busy they are, the number of lawyers in to review it etc.

Alex Watts :

If they do not prosecute they notify the Courts and the Defendant should be released within 24 hours

Alex Watts :

Does that help?

Customer:

Yes thanks Alex.

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