How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My partner was arrested last week, whilst in the police

Resolved Question:

My partner was arrested for ABH last week, whilst in the police car it came across the radio that he was re arrested for GBH as the victim went to hospital.
the victim left hospital after 4 hours, with no broken bones or fractures just black eyes. the victim has now retracted their original statement and stated in his original and the retraction that the crime didnt fit the punishment and he didn't want to press charges.
My partner didnt resist / evade arrest and was co-operative to the point the police officers that came to my house said he was the most polite person they had ever arrested.
they bailed my partner until December i just wondered what the chances were if the police were to prosecute him. This would be his first and only run in with the police
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.
How did all this come about?
Customer: replied 1 year ago.
my partner saw a text on my phone from the victim and assumed i was having an affair, i work for the victim and there is history from 2 years where the victim and my partner fell out
Expert:  Jo C. replied 1 year ago.
Did that involve you ?
How did he come to see your phone?
Customer: replied 1 year ago.
the falling out was just a crossing of words 2 years ago, i wasn't at the scene when the fight took place last week, i was at home, he saw my phone at home, then called the victim as he wanted to talk to him about it the victim gave him his address willingly with a view to talk it over, and obviously when he got there he punched him repeatedley
Customer: replied 1 year ago.
my partner was breathalised at the scene and wasnt drunk either
Expert:  Jo C. replied 1 year ago.
Yes, but how did he come to have access to your phone?
If you have been inciting him then that is potentially a point in mitigation but I need to know in what way.
Customer: replied 1 year ago.
he had access to my phone as we leave our phones lying around and message notifications flash up, he picked mine up before we were going to bed, i didnt purposely show him it just flashed up
Customer: replied 1 year ago.
i would like to know if the police would still prosecute even if the victim has retracted the statement and wants nothing further to happen
Expert:  Jo C. replied 1 year ago.
But there must have been some background to this?
Otherwise why would he arrange to meet him?
Have you been inciting him? It might be possible to mitigate on that basis but, if we are honest with each, men do not usually go and deliver violence for no reason at all.
Customer: replied 1 year ago.
there is a background, i had an affair 2 years ago with victim.
Expert:  Jo C. replied 1 year ago.
Okay.
If I can presume that you have been inciting this then it is a double-edged swords. On the one hand, it is a point in mitigation to say that there has been provocation although I suppose a court could say that you were to blame for that rather than the victim.
On the negative though, the police could say that this makes the situation more volatile. It depends if they know about it.
The short answer is that he cannot just bring prosecution to an end by retracting his statements. Once he has made statement that is evidence and that cannot be removed. What you do when you retract the statement is effectively says that the Crown that you no longer want to support a prosecution. That is all very well but it is not evidence. With domestics they do currently have a policy of bringing women to court by summons when they refuse to cooperate. Of course, this isn't a domestic but they may say that the severity of the injury justifies a summons.
Whether or not this person will comply with a summons is another matter altogether. There are very limited options open to the Crown if the complainants just refuse to come to court.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
yes,based on the information i have given you, that he was arrested for gbh - even though i know the victim has no broken bones and just 2 black eyes, my partner has no prior convictions, the victim has retracted his statement,my partner was cooperative and didnt resist arrest, its not domestic violence in the sense that it wasn't myself and my partner fighting, the victim has spoken to the case officer and said he wants no further action taken, what are the chances when my partner goes back to the station they take no further action and drop it all together?
Expert:  Jo C. replied 1 year ago.
To be wholly honest, they probably summons him.
It is 50-50 really but they often do summons.
Whether that succeeds or not is another matter.
Customer: replied 1 year ago.
last question is it ever possible to bring a date forward in which you attend the station for letting you know if they are going to charge you? ie if you are on holiday?
Expert:  Jo C. replied 1 year ago.
You can ask.
It isn't possible to force them to do that but it is a perfectly reasonable request and mostly they would comply with that.
Bail back dates have to be ones that people can reasonably attend.
If it is an NFA they will usually inform by post.
Customer: replied 1 year ago.
If its NFA how long after the incident would you expect to see something in the post?
Expert:  Jo C. replied 1 year ago.
There is no way of knowing I'm afraid. It depends on the factors in the case. Evidence can change for lots of reasons.
Customer: replied 1 year ago.
i know there are 3 outcomes of a 'bailed pending further enquiries' - charged, caution of NFA, would you expect a NFA in the post before that date or could you be told NFA at the poliec station on the due back date?
Expert:  Jo C. replied 1 year ago.
You could be told on the day when you attend at the station but they often do send them out by post now because it is much less labour intensive for them.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice