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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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After a evening my husband and i got into an argument

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After a drunken evening my husband and i got into an argument on our driveway, this resulted in him pushing me to the ground and kicking me. A neighbour saw this and rang the police and ambulance. The ambulance arrived but no police. The paramedic took me to hospital with cuts and bruises and a possible fracture to my nose (nose is OK) i was then discharged after a few hours. I made a statement to the police but I have now asked them to retract it.
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.
Have you done this before?
Customer: replied 2 years ago.

no

Customer: replied 2 years ago.

no, i have not done this before

Expert:  Jo C. replied 2 years ago.
The police have never been involved in your relationships ?
Either in this relationship or in others?
Customer: replied 2 years ago.

My husband has called them before when we have had an argument but nothing was followed up

Expert:  Jo C. replied 2 years ago.
Yes, that will be an issue though.
How many times roughly?
do you have children and were they in the house at the time of these calls ?
Customer: replied 2 years ago.

On the night in question my 16 year old was in bed at the time and did not see anything, he has a 15 year old daughter who decided to go and stop with her grandma when we started to argue, again she did not see anything.

The police have only been called the once and the children were not in the house, this was in 2007

Expert:  Jo C. replied 2 years ago.
Ok. That is not too bad.
What did you alleged happened on this occasion?
Customer: replied 2 years ago.

I told the police in my statement that i could not remember all of what happened but i could remember him kicking me in the head, i said that it wasnt many times but it was more than once, i did not black out and i am totally fine a week later with all grazes gone.

Expert:  Jo C. replied 2 years ago.
Ok. That is all I need to know.
They are not going to drop this. That will be sounding alarm bells in their head. Probably the only reason social services are not involved already is that your children are realistically autonomous young adults. Kicking to the head will not be dismissed.
You can make a retraction statement but there is no point. They will summons you. Had you posted earlier I would have told you not to tell them you were reluctant as they will use that information to get a summons.
They will serve a summons on you at some point. If they do you will have to decide what you want to do. Ignoring a summons is a contempt of court although it is fair to say that people are rarely prosecuted for it. I've only ever seen one prosecution for contempt arising from failing to answer a summons and that involved a person who has been a real drain on police resources.
What they might do is issue a witness warrant for your arrest to put you before the court to give evidence. There is about a 1% chance of that happening. That is preserved for people who are very well known to the constabulary.
In any event, there is a bit of a debate over whether or not attending court and refusing to give evidence amounts to a contempt. I prosecute fairly regularly and if a witness just refuses to go into the witness box I have no means of forcing them to do so.
What they may do though is try to introduce your statement hearsay and prosecute on that basis.
The only way to avoid this for the future is never to call the police to a domestic dispute and if somebody else with nothing better to do helpfully sticks their oar into your issues just refuse to make a statement. I'm sure these people think they are helping but they are really not. If people wanted the police summonsed to relationship squabbles they can always do it themselves.
Hope this helps. Please let me know if you need more information.
Customer: replied 2 years ago.

I love my husband so much and i am sure he is distraut for what he has done. What puishment will he receive? He is currently on bail and cannot contact me

Expert:  Jo C. replied 2 years ago.
It depends if it is charged as common assault or ABH.
Kicking to the head racks up the options.
The only way to avoid this is not to make reports to the police I'm afraid.
Customer: replied 2 years ago.

Could he be charged with GBH?

Expert:  Jo C. replied 2 years ago.
Yes.
It depends on your injuries. Unfortunately they will probably have a record from the hospital.
A fractured nose would be an ABH.
You don't have to give hospitals information upon the cause of injuries for future information.
Customer: replied 2 years ago.

My nose is not fractured - could this be therefore a common assult charge?

Expert:  Jo C. replied 2 years ago.
Yes, it depends on the injury.
If you have alleged this was caused by kicking though then I'm afraid they could be looking at custody even on a first offence.
He might be lucky and get a suspended sentence.
Customer: replied 2 years ago.

How can bail conditions be removed that was made by the custody sergeant. What is the best thing for helping us now as I feel that i provoked him as I pulled off his glasses and pushed him - will this make a difference and should it be put in my retraction statement?

What should I do now?

Expert:  Jo C. replied 2 years ago.
They will reconsider them at court but they will not remove them. This is kicking to the head.
You can put that in your retraction statement but it won't make much difference.
There are no magic wands really now that you have made a statement. Had you not done so it would have been different possibly depending on what the neighbour said. Ignoring a summons is a contempt of court although it is fair to say that people are rarely prosecuted for it. I've only ever seen one prosecution for contempt arising from failing to answer a summons and that involved a person who has been a real drain on police resources.
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