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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I need advice. My ex is up violence. It goes

Customer Question

Hi, I need advice. My ex is up for domestic violence. It goes to court next week. His solicitor has requested information on me about an assult charge but I don't know if I got one.
Yesterday I had to go into the police station because I had to talk about an incident where my sister and I had a fight and she called the police on me. There was no charge and I wasn't arrested but I signed something when an officer came to mine about 3 weeks later. The police officer at the time told me to say, "I've got nothing to say." What was this? Would it still be on the system?
The CPS sent an email asking about this. I said there was no violence but there was. It was 6 years ago. The police said there was no record though so I just played it down. I feel sick incase I will be pulled by my ex's solicitor now. The CPS said it will be objected. I don't know what to do. Do I go back in and say there was violence but I can't remember or do I leave it? I hope this makes sense
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can only tell the truth on oath.
They probably will find this and they will make a bad character application against you. It is a high test but, in truth, since it does arise from a domestic and you have denied it then it may well go in. It depends what his defence is. Although I suppose since you have denied it credibility becomes an issue per se.
If you are asked questions about it on oath then you have to answer truthfully.
The truth is that they will probably have the details anyway.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Just the police said there was nothing on the system about it. I've just got this terrible feeling. A solicitor I spoke to told me to say there was no violence if there was nothing on the system. He's on trial and not me. He's up for assault by beating. Was it a caution I got?
Expert:  Jo C. replied 1 year ago.
There will be a record.
The police may not have a note on PNC but there will be a CRIS and CAD.
It could have been a caution. I don't think it could be a fixed penalty because you didn't pay a fixed penalty.
To be wholly honest, if I were defending him I would make the same application both on the basis of the violence but also because you have denied it so there are credibility issues.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Shall I go back in and say there was? But I forgot because it was so long ago and my sister and I talked about it?
Expert:  Jo C. replied 1 year ago.
No, you cannot do that because it isn't true.
In the course of a criminal proceeding you can only tell the truth.
I know the reality is that lying is absolutely rife in a criminal trial. I am a criminal practitioner of long standing and I am realistic about prosecution witnesses and about defendants.
However, you should only tell the truth for ethical reasons and also there are very serious offences in lying and so huge risks.
Also, if you only tell the truth the whole thing is a great deal less stressful.
Customer: replied 1 year ago.
Ok, so when it comes up on the day in court next week, although I've been told it will be objected by the CPS, I should say yes there was violence between myself and sister. I'm sorry im confused about what to do.
Expert:  Jo C. replied 1 year ago.
You tell the truth. That is all you need to do. Answer every question truthfully.
I don't quite know why CPS were asking about this anyway. It is a matter for their evidence gatherers not you.
Customer: replied 1 year ago.
The CPS requested the information because they are fighting my case but my ex's lawyer has brought it up.
Expert:  Jo C. replied 1 year ago.
They are not fighting your case. They are bringing a prosecution against him.
A request for this disclosure has been made to them and I don't see any justification for telling you about evidence and certainly none for asking you about it.
Customer: replied 1 year ago.
So the police definitely will have something there but they told me there was nothing because they are seeing if I would tell the truth? Now I'm going to be given a bad character reference in court? There was an email from the CPS saying that they wanted to know what my ex's lawyer was talking about but it would be objected anyway? I said we had an argument as siblings do, police were called but there was no violence. There actually was but my sister lied a lot about it. I feel sick.
My ex beat me up in the car next to my baby and there's photos of it so I wouldn't know how he could get away with it.
On the day I will meet the prosecutor and I might tell him/her now before it goes into court.
Expert:  Jo C. replied 1 year ago.
If there was a report they will have a record of it.
Of course your sister lied. I'm perfectly realistic about things like this. Reports to the police arising from domestics are usually just personal disputes that people should sort out themselves. We all have these rows.
Generally speaking with criminal trials everybody is untruthful to some extent. Sometimes innocently and quite often not.
Customer: replied 1 year ago.
Ok Jo, so in court, on the day, shall I tell my prosecutor the truth before I go on the video link and get questioned by the defence lawyer?
Expert:  Jo C. replied 1 year ago.
The prosecutor really shouldn't talk to you about your evidence.
The difficulty remains that even if you come clean now the defence will still know that you answered untruthfully and probably will question about that.
Customer: replied 1 year ago.
So I should just say yes there was violence between me and my sister but it was exaggerated. I never got my chance to say anything back at the time anyway as the police man told me to say I've got nothing to say. It was 6 years ago or more.
Could you please tell me what to do ? Sorry I won't keep you for too long. I appreciate your help x
Expert:  Jo C. replied 1 year ago.
It is no problem.
All you need to do is tell the truth. That is the one single rule you need to remember.
Customer: replied 1 year ago.
So I don't go in to the policeman who's been dealing with my case and say to email the CPS back and say there was but I was afraid to admit. If the police new full well there was then why would they pretend that there was nothing to me ? Why would they do that?
Expert:  Jo C. replied 1 year ago.
Probably they haven't found it yet. They will fast enough