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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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My boyfriend of 5 years has been charged with Common Assault

Customer Question

My boyfriend of 5 years has been charged with Common Assault following an argument we had when he was drunk last night. I made a statement in the heat of the moment & I want to retract it, will this help his case? I was under the impression that the police where just going to take him to a cell for the night to sober up, which is what I wanted. I said from the beginning that I didn't want to press charges. The police office who took my statement wrote only the negative points down and I now fell like he has twisted my words. When I signed the statement he was asking distracting questions and I was confused after having 6 burley officers turn up to our flat & take my boyfriend away straight away. The whole thing has been compleatly blown out of proportion, could you please advise me on how I can progress without implicating myself also?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
They have no evidence other than my 999 call where I sound upset & my statement, the case is with the crown court as it is classed as domestic violence, my boyfriend is now on bail at his parents home. I just want to get the charges dropped as his is a good guy & dosnt deserve to have a criminal record over a drunken mistake.
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this the first time you have done this?
Customer: replied 11 months ago.
Yes first time ever calling the police. & fist time for my boyfriend being arrested.
Expert:  Jo C. replied 11 months ago.
Sorry for the delay. I presume you have made a s9 statement?
Customer: replied 11 months ago.
Sorry I don't know what an s9 statement is, so I'm not sure if it s one or not. They took my statement on the night, the policeman wrote it down on a little a5 pad which also had questions such as do you feel at risk, was it a sexual assault etc. There was also a body diagram where he said there was marks on my arm as but he took no pictures & I can't see any marks at all.
Expert:  Jo C. replied 11 months ago.
Yes, you have made a S9 statement.
That is a bit of a disaster I'm afraid.
I presume you did tell the truth?
Customer: replied 11 months ago.
I was dunk & angry & therefore over exaggerated which is why I want to retract. I also didn't get the chance to read over the statement properly as the officer was making small talk as I was trying to read it (I think he was trying to put me at ease) & his hand writing was bad. At the time I just wanted him to leave so I signed it, I also didn't understand what the statement was or what they would use it for... In hindsight this seems stupid. I regret it completely.
Customer: replied 11 months ago.
I just want to fix the mess.
Expert:  Jo C. replied 11 months ago.
Yes, I understand but the problem is that it is done and you can't turn the clock back.
So is your statement untrue?
Customer: replied 11 months ago.
Yes it is inaccurate.
Expert:  Jo C. replied 11 months ago.
There are no real easy fixes.
You can tell them your statement is inaccurate. It depends what you mean by inaccurate but if you mean that the allegation is false then that is perverting the course of justice and people go to prison for that even on first offences even when they are female.
One of three things will happen.
Either they will believe that you are telling the truth and drop the case against him. They may give you a wasting police time fine or take no action. It is fair to say that women make false allegations all the time and the police don't follow them all up.
Or they will disbelieve your retraction and summons you to give evidence against him. You do have the advantage of having never done this before so it is possible they may not. This is their current policy though.
Or they will prosecute you for perverting the course of justice. Then you would be facing custody. Perverting is very serious. It is an offence that isn't used nearly regularly enough so there is a good chance it might not happen but you can't rule out the risk.
Sorry that is probably bad news but I'm afraid that when you summons the police to personal disputes you can't control the matter thereafter.
Can I clarify anything for you?
Jo

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