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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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My husband was awaiting sentence for a minor crime when on

Customer Question

My husband was awaiting sentence for a minor crime when on Christmas eve was sacked by his employer who found out about it. My husband is under psychiatric care but although I tried to get him help when he started to talk about taking his life (this was his 5th attempt) neither the police, GP or local CMHT would help. He tried to stab himself and in trying to get the knife from him, I was cut on my arm. While I was having it dressed in hospital the police arrested him. I gave my statement, not once but 4 times and was bullied by the police even on Christmas Day, I was then told my husband would be sent before an emergency court but I was not told where. He has now been remanded in custody to be sentenced on 6th Jan. I cannot get hold of his solicitor and am frantic. Is it legal for me to speak directly to his probation officer to give my version of events? The police will not even give me a copy of my statement which they did not even show me and I am terrified that this incident will be twisted by them. How can I get my chance to say what really happened - as this is magistrates court I need the probation officer, who presumably will be writing a pre sentence report - to hear the real version of events and what lead up to it.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Jo C. :

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

Jo C. :

Have you done this before?

Jo C. :

Also, are you saying you have made a false allegation?

JACUSTOMER-ueu352hb- :

No jo, sorry, first time.

Jo C. :

Ever? No previous calls to any personal disputes at all?

JACUSTOMER-ueu352hb- :

No, I am not, I told the police the truth which is that my husband was trying to slash his wrists and the cut I got on my wrist happened as I tried to get the knife away from him. I have told the police this over and over but they said they can prosecute of their own accord and have remanded him on a charge of GBH. My husband has never even so much as shouted at me. They made out they did not know where the emergency court hearing was so I couldn't go and give my version and now his solicitor is on holiday.

Jo C. :

Yes, they can.

Jo C. :

His solicitor will not speak to you anyway as you are a prosecution witness or at least he should not do so.

Jo C. :

To be wholly honest, it is likely you have alleged some crime or another arising from the knife or they would not have charged him.

JACUSTOMER-ueu352hb- :

Yes, I knew that, but are they allowed to not let me see my statement? They only read out a précis while I was in shock and made me sign it - how do I know it is correct? I don't see how they have banged my husband up for GBH after an accident in which I was just trying to protect him - I had told the police earlier in the day he was suicidal but they said it was none of their business.

Jo C. :

Yes, there is no obligation to show it to you until you actually attend at court to give evidence.

Jo C. :

They will generally do so by convention but they don't have to.

Jo C. :

Probably they won't refuse to. They are just avoiding you at this stage.

JACUSTOMER-ueu352hb- :

I told the police I do not want to be a prosecution witness or take action I know they can still call me but surely so can my husbands solicitor if I am saying he didn't do it deliberately!

Jo C. :

I am afraid that some women do use the police as a marriage guidance service.

Jo C. :

which is probably why you are receiving this reaction from them.

Jo C. :

Not that it is anything to do with you.

Jo C. :

But the conduct of others affects us all.]

JACUSTOMER-ueu352hb- :

Yes, I know that, Im a counsellor myself so I do know many victims of DV lie to the police, I get that, but what can I do? Am I allowed to speak to his probation officetr or only his solicitor?

Jo C. :

I realise that you were probably upset at the hospital but it is a wide leap of judgment to say that means you are likely to have signed something incorrect.

Jo C. :

Ultimately, shock is a medical reaction to certain events.

Jo C. :

His solicitor probably won't speak to you as you are a Crown witness.

Jo C. :

Probation do not generally do so.

Jo C. :

If he is being sentenced anyway then that tends to suggest he must have pleaded guilty.

JACUSTOMER-ueu352hb- :

That isn't what the police told me today, they told me the solicitor was likely to call me as a defence witness although they were entitled to cross examine me as well if they wished.

Jo C. :

He has been remanded because of the severity of the injury and the use of a weapon.

Jo C. :

The reason the police said that is that they think you have turned hostile.

Jo C. :

against them.

Jo C. :

If he has pleaded guilty though then it is game over.

Jo C. :

I suppose you could attend court as a character witness but that is always very dangerous with domestics.

Jo C. :

You could always write a reference.

JACUSTOMER-ueu352hb- :

Sorry, I am signing off now and going to make a complaint, I think this is a scam site, your answers are not those of a barrister "It is game over" is not the way a real solicitor would speak. I will be passing this to the police myself now.

Jo C. :

Opting out.

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