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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife wants to write a letter to the police saying ' Please

Customer Question

My wife wants to write a letter to the police saying
' Please back off and drop the charge of assault you have against my husband which is set to be heard in court in April 2015. Because (I have already been without my husband in the house for 6 months) I want my husband back. I do not want the huge negative impact on myself and our 3 children (of 10yrs, 8yrs and 5yrs) that proceedings will bring. '
Do you think taking this letter to the police will have a positive affect on the judge looking at the case in the first hearing. Or do you think doing this could in some way back fire and make things worse.
Thank you,
PS: BTW, When she rang the police they said there was no point in her making a statement, it would not make a difference they already have enough evidence without her to make a conviction.
Personally I don't think the police were being entirely true there. (for example: there were no marks, bruises, cuts or scratches found on her at the time of the alleged crime)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Did she make the initial complaint to the police please?
JACUSTOMER-mdz68666- :

Yes, in October 2014 she rang the police.

JACUSTOMER-mdz68666- :

my wife's recent testimony would look something like this:-

JACUSTOMER-mdz68666- :

'

JACUSTOMER-mdz68666- :

I have chosen to make this statement because it is not right what is happening to my husband, he doesn't deserve all this isolation and facing charges, and our three children and I are suffering too without him. I also want to fill in the bits I did not say at the time because I was upset, scared and confused then.


It was my own fault I lost my temper with my husband on that day, on top of that I thought he was taking a video of me and I just started hitting him because I was already upset with him for not hearing me out - and the video in his hands made it even worse. So I was hitting him when he hit me back with a pillow, when I stopped then he stopped and went to take the video again. I was now confused and scared by what was going on and I acted too hastily by calling the police, so I wasn't sure I should have called them and I dropped the call to the police and when the police came I didn't want to press charges.

I said on the call to the police that my husband is killing me, but he wasn't - I was exaggerating as I didn't have the right words to explain my situation properly as I was still in a bit of a rage about things and also in shock. I wasn't sure if he would hit me again, however, he moved away from me and let me go and phone the police without hindering me.

So there is no harm done, we have forgiven each other since then (only a few days after we were allowed to talk to each other again, over 5 months ago) and I just want us to be together as our family again.

Please can we end this unfortunate incident now, before it goes to court, and trial, and months more of unnecessary family hardship. I don't see how carrying on can serve any good purpose.
JACUSTOMER-mdz68666- :

(of course I wrote this testimony myself as accurately as I could. It has not been sent anywhere. I did however read it over skype to my wife to get her response....which was that she seemed to agree, but would have to use her own lingo)

Alex Watts :

Ok - as soon as your wife makes a complaint its out of her hands. The prosecution belongs to the Police. They and only they can discontinue it.

Alex Watts :

What she can do is make a statement saying she does not support the prosecution.

Alex Watts :

The letter wont have any effect on the prosecution I am sorry to say.

Alex Watts :

The prosecution belongs to the Police and they and only they make decisions whether to continue.

Alex Watts :

They are likely to especially if any assault is domestic violence related.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mdz68666- :

Thank you, ***** ***** what is the value in or possible outcomes from, my wife making a statement saying she does not support the prosecution of her husband?

JACUSTOMER-mdz68666- :

Might a statement saying that she does not support the prosecution have a positive affect on the judge at the first hearing. May he want to dismiss the case as the alleged victim doesn't even support the case and all the other evidence does not substantiate the case with certainty without her support.

JACUSTOMER-mdz68666- :

Does the word 'letter' have the same meaning as the word 'statement' in the context of our conversation?

JACUSTOMER-mdz68666- :

The video evidence I took just after the alleged assault took place shows my wife assaulting me hard in the leg, causing bruising for weeks. Will the police prosecute her for that offence or will I have to be the plaintif?

JACUSTOMER-mdz68666- :

Although my wife made a complaint when she was in a rage, scared and confused; afterwards she regretted doing so, she realized she had brought an unfair allegation on her husband and that in fact she was the aggressor. What can she do to put it right?

JACUSTOMER-mdz68666- :

Is there any value in my wife adding to the statement that she does not support the prosecution of her husband by adding 'because it was my fault...'

Alex Watts :

1) If the wife makes the statement the Police will either continue or drop it

Alex Watts :

2) It has no effect on the Judge

Alex Watts :

3) You need to provide a formal witness statement

Alex Watts :

Does that clarify?

JACUSTOMER-mdz68666- :

What does a formal witness statement entail, does it mean that my wife has to go to a police station and ask for any officer there to take a statement from her and then she writes on a piece of paper that the officer gives her 'I do not support the prosecution of my husband' ?

JACUSTOMER-mdz68666- :

If so does she have to give a reason

Alex Watts :

The Police will do that. Your wife goes to the Police and gives a formal statement not supporting the prosuction.

Alex Watts :

She can say whatever she wants

Alex Watts :

She does not have to give a reason

JACUSTOMER-mdz68666- :

will they pressurise her

Alex Watts :

They should not

Alex Watts :

She can do what she wants

Alex Watts :

But remember the decision to continue prosecuting is not up to her, but the Police

JACUSTOMER-mdz68666- :

and say as much as she like

Alex Watts :

Yes

JACUSTOMER-mdz68666- :

So it could help

Alex Watts :

It could

JACUSTOMER-mdz68666- :

undermine their case

Alex Watts :

No

Alex Watts :

They can still continue

Alex Watts :

It does not assist their case but it does not undermine it

Alex Watts :

If you are asking will it stop the proseuction - no

Alex Watts :

They may well still continue

JACUSTOMER-mdz68666- :

but if they are relying on her they will drop the case

Alex Watts :

If she did not want the Police involved then they should not have been called

Alex Watts :

Yes but they have a 999 call

Alex Watts :

They dont need her statement for that

Alex Watts :

They have photos, I assume, they dont need her statement for that

Alex Watts :

In short if she did not want them involved she should not have called the Police

JACUSTOMER-mdz68666- :

She was in a rage at the time confused and didnt know what to do

JACUSTOMER-mdz68666- :

she tried to drop the call

Alex Watts :

But not confused to call 999

JACUSTOMER-mdz68666- :

to the police

Alex Watts :

Did she give a statement?

JACUSTOMER-mdz68666- :

no

Alex Watts :

Ok.

Alex Watts :

Well she can give a statment.

Alex Watts :

Its then up to the Police what they do

Alex Watts :

They can't make the Police drop it

JACUSTOMER-mdz68666- :

the police kept pestering her over 3 weeks to make one

Alex Watts :

You cant make the Police drop it

JACUSTOMER-mdz68666- :

sure

Alex Watts :

All she can do is make a statement saying she does not support the prosecution.

Alex Watts :

That is all she can no, nothing else

JACUSTOMER-mdz68666- :

but it must be worth a try

Alex Watts :

And in future when you two fight, she should not call the Police

JACUSTOMER-mdz68666- :

exactly, its never happened before

JACUSTOMER-mdz68666- :

we were both surprised

Alex Watts :

Can I clarify anything else for you today please?

JACUSTOMER-mdz68666- :

yes

JACUSTOMER-mdz68666- :

The video evidence I took just after the alleged assault took place shows my wife assaulting me hard in the leg, causing bruising for weeks. Will the police prosecute her for that offence or will I have to be the plaintif?

Alex Watts :

They may or may not prosecute. I cant' say

Alex Watts :

Can I clarify anything else for you today please?

Alex Watts :

Its hard to say whether they will prosecute her, its a matter for the Police. I can't guess what they may or may not do

JACUSTOMER-mdz68666- :

I mean to say I guess I can put in a complaint in to the police any time about my wife assaulting me if I feel that way inclined at a later stage, because I might have to battle to win my kids back

JACUSTOMER-mdz68666- :

in the future

Alex Watts : Indeed
Alex Watts : but for an assault it's time barred after 6 months
JACUSTOMER-mdz68666- :

great thank you

Alex Watts : great. If I could ask you to rate my answer before you go
JACUSTOMER-mdz68666- :

oh, so I need to press charges now if I am going to

Alex Watts : yes
Alex Watts : if you need more help please click reply
JACUSTOMER-mdz68666- :

it happened on 4th Oct last year

Alex Watts : 2 weeks then
JACUSTOMER-mdz68666- :

thank you

Alex Watts : great, please don't forget to rate before you go
Alex Watts : Have a good weekend
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have since found out through a police sergeant in Halesworth police station that there is no six month rule on domestic violence. So may I check with you that your final comment is definitely true under UK law?

Expert:  Ash replied 2 years ago.
Section 39 assault must be charged within 6 months.
ABH ie more serious injuries no 6 month rule.
Alex