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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am being investigated assaults, i have been bailed

Resolved Question:

Hi I am being investigated for 2 assaults, i have been bailed pending investigation to answer bail on june 18th. there were no wittiness to either allegation the first assault was alleged to have taken place on 16th december. the second on may 8th. can the police or magistrates do anything about the 16th december incident as It will have been more than 6 months from the alleged incident and from what i have read common assault is a summary offence for which i must be prosecuted within 6 months of the date of the offence? or can i still be prosecuted for it as it is a related offence?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You are correct in that they must charge within 6 months of a Common Assault otherwise it is out of time. So the first one may be out of time if they charge Common Assault yes.
As for the second one this will be in time. Yes it can still be prosecuted and even though it may be related as it happened on a different day they can charge for this.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Relist: Incomplete answer.
i am confused by the answer, please can you clarify if the first date offence can be used as evidence taken in to account or still be prosecuted for as the allegations are both for common assault or is the first offence written off and only the second occasion allowed to be taken in to consideration as to if charges are brought or not?
Expert:  Ash replied 2 years ago.
You can forget the first offence. It will be out of time.
You cant be prosecuted for the first offence. The CPS can only charge if there is enough evidence and it is in the public interest.
If it is domestic violence related they will probably charge as they have a policy of doing so, whether it would succeed is a different matter.
Does that clarify?
Alex
Customer: replied 2 years ago.

so if there is no evidence for the second offence, the time from the call to the arrival of the police was less than 2 mins and i was holding a baby who was not crying for the entire time whilst my ex partner was on the telephone to the police and was sitting calmly in the living room when they arrived and they seemed very un interested in the activities of the evening i stand a fair chance of NFA?

Expert:  Ash replied 2 years ago.
It is entirely possible yes. The CPS do charge on weak cases.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex