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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience:  Over 5 years in practice
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My 19yr old daughter was arrested she as since been

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My 19yr old daughter was arrested for ABH she as since been on bail, which she should answer to today, a police officer as just been to my door and told her not to answer bail until the 23rd March, she as learning difficulties and as never been in trouble before. Her father as seen the CCTV and it does not show her hitting the person but does show 3 other men hitting him, I don't know what to do now, can anyone help
Thankyou
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.
What would you like to know about this please?
Customer: replied 2 years ago.
Why is she being kept on bail? And why have the other people who were with her not arrested it's really stressing her out
Expert:  Jo C. replied 2 years ago.
Probably because they can't find them. Or the allegation is not against them.
She is being kept upon bail because there is an allegation against her which is being investigated. The CCTV might well show others committing an offence but that doesn't exculpate her.
I would imagine the allegation is either that she did something off camera or that she incited the others to act against him which would amount to an assault on the basis of joint liabilty. In fairness, the latter is quite unlikely. Women do that all the time and they are almost never prosecuted. I don't think I have ever seen a pub fight that wasn't incited by a woman in some way and I have only ever once seen one prosecution.
However, that will be the issue.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Ok but the man did admit to the police that he hit her first!
What is the likely outcome of this a caution fine etc
It's really worrying me
Expert:  Jo C. replied 2 years ago.
Not if it is an ABH. If it is an ABH then it is much more serious than that. People get custody on first offences.
It probably is not an ABH though. Probably it is a common assault and they arrested for ABH because common assault is not arrestable. If so, they might offer a caution. That would be a good deal if the dispute with her led to three men setting about him. The reality is that they may charge. If they do then it depends on the facts of the offence but it is an aggravating feature that there was a free for all. On a first offence for common assault though I would expect some form of community order at the highest point.
Customer: replied 2 years ago.
Thankyou
So your saying that she could be charged with ABH even though it wasn't her that hit him?
But the police have questioned her other 2 friends and it was one of them that stuck up for her and hit the man breaking his nose
Why is he not arrested and is my daughter going to take all the blame and punishment for it
Expert:  Jo C. replied 2 years ago.
Oh yes, that is joint enterprise.
From what you describe their allegation is probably that she incited the man to act. If it a broken nose then it could be an ABH.
I think probably they didn't arrest that man because he is saying that he thought she was in danger so he was acting in private defence. It is difficult to say really from this information. Either way he should learn not to get involved in disputes of this nature. I don't know how many times I have to tell men not to place themselves in this position.
Customer: replied 2 years ago.
So my daughter could be charged then?
And could it be a custodial sentence, on her first offence
I'm really upset about all this
Expert:  Jo C. replied 2 years ago.
Yes, she could be. Obviously I cannot say whether she will be. I have to say that my general experience is that women get away with far too much compared to men so I would be surprised if she is charged on these facts but there may be more to it.
If it is a broken nose and the allegation is that she incited three men to attack him then it probably would be an ABH.
That could lead to custody. If she were a man it certainly would. Women generally do get lesser sentences in the UK unless they actually kill somebody and even then they get far less than men. Being female is probably her best chance of avoiding custody. There isn't really a good reason for it. It comes down to sexism but it would assist her here.
Jo C., Barrister
Category: Law
Satisfied Customers: 69995
Experience: Over 5 years in practice
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Customer: replied 2 years ago.
Thankyou for all your help

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