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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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, my ex boyfriend is on remand waiting to be

Customer Question

hi, my ex boyfriend is on remand waiting for trial to be sentenced for assault by beating. He was on license after being convicted of 2 counts of wounding with intent and served the minimum tariff of 4 years on an indeterminate sentence. the assault charge came about because he came round to my house drunk where myself and a friend were excessively drunk and a row began. My friend and i tried to make him leave and we had to use alot of force. I was tapped on the head which my friend witnessed. i had had a miscarriage and was suffering from depression- this is now being treated. I feel really upset because my friend called the police without my knowledge. I had no recollection of the incident and a statement was made whilst intoxicated whereby I must have lied out of anger about him being aggressive both on that day and in the past(seen at the police station when i did a retraction statement)i told the officer i could not recall the incident and have still to hear whether i will be called to court to take the stand. My question is- what is the likelihood that he will be convicted? Ive heard that he is on recall and getting help for his alcohol abuse and is likely to stay in prison for around 9-12 months. before the miscarriage we had a very good relationship.

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
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 1 year ago.

what the liklihood is that he will be convicted?

and whether the prosecution will summon me to court? i dont want him being convicted for this

Expert:  Jo C. replied 1 year ago.
Have you done this before?
Customer: replied 1 year ago.


Expert:  Jo C. replied 1 year ago.
Not even in other relationships?
You have never called the police or otherwise made a report of a personal dispute?
Customer: replied 1 year ago.

no.. ive never been involved in anything like this

Expert:  Jo C. replied 1 year ago.
Is your friend likely to give evidence even if you don't?
Customer: replied 1 year ago.

she is scared of giving evidence and cant remember what she said in her statement. she got told by a solicitor that if she retracts the cps would likely believe i have intimidated her.

Expert:  Jo C. replied 1 year ago.
Yes, that is probably true.
This is a difficult situation really. You don't have a long history of using the police to mediate your personal disputes which is helpful. You are not a prime target for a summons. Unfortunately some women do use the police as another limb of the welfare state to sort out relationship issues and they are summonsed essentially to ensure they understand that the police are not a mediation service.
However, he does have a record that will concern them I'm afraid.
Probably they will not summons you if they can get that evidence from your friend though. They are likely to summons one of you realistically.
The reality of summonsing though is that it doesn't force any person to attend. In principle it is a contempt of court but it is rare that anybody is prosecuted. The risk is that they will apply to read statements hearsay.
In future the way to avoid this is not to make a statement. Nobody can force you to do so.
Can I clarify anything for you?

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