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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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My sister had a suspended sentence and over the

Resolved Question:

Hi
My sister had a suspended sentence for abh and over the weekend was arrested for drink driving and affray.
Her boyfriend and friend were also arrested for affray but they were attacked by a lare group and ended up in hosipital.
My sisters involvement was trying to get the attackers off of her boyfriend then driving them away. They had pulled over down the road, a police van drove past(towards where the fight had happened) and then turned around back to the car.
I'm not sure what has happened to the others but they were not injured.
Please do you know what may happen??
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Obviously I will have no way of knowing what happened in this specific case? Are you asking if she has a defence?
Customer: replied 1 year ago.
Yes.
Or do you think there may be a chance the affray will be dropped? Considering her and her boyfriend were the ones attacked?
Expert:  Jo C. replied 1 year ago.
Well, there is always a chance of anything happening.It is not really very likely though. The only reason they might not charge affray is that they often don't use the higher public order act offences now.
Expert:  Jo C. replied 1 year ago.
The reality is that the police officer saw a melee though and that is an affray. She might well have a defence to the charge and that defence must succeed at court but there is enough evidence to charge I’m afraid. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
she was orignally only arrested for drink driving then later kept for affray.
But now people from the pub (barstaff and witnesses) have been interviewed by the police and have confirmed that the other group of people jumped on the two boys. Are they able to press charges for assualt even having been arrested for affray?So with her suspended sentence and if the affray sentence goes ahead you think its likely she will go to prison?
Customer: replied 1 year ago.
The police did not see the fight.They were called (and had in fact been called earlier by my sister whos phone had been stolen and dropped down the loo by someone else in the bar) then they stopped when they saw them in the car down the road from the pub
Expert:  Jo C. replied 1 year ago.
Oh yes, they can prefer a charge of assault but it isn't all that likely on these facts.You said above the police saw the melee. That is a fight.
Customer: replied 1 year ago.
My sister and her boyfriend and friend drove away from the attackers, then pulled over down the road once they were away.
Then a police car went to them arrested her for drink driving and the boys for affray. The boys were taken to hospital on account of their injuries and my sister to the police station.
Then in the morning the police said she was also arrested for affray.
So they hadnt witnessed the fight at all.
They had been called, and were arriving at the scene but went to see the car instead.
My sister had even called them prior to her boyfriend and friend getting beaten up as he phone had been stolen in the pub, then as they were leaving the boys were attacked.Im really worried for her.They have to go back to the police in june.If she pleads not guilty for the affray, and as the evidence shows that they were the victims and did not start the fight surely justice will be in her favour?Do you think she should speak to a solicitor before going back in june?
She doesnt have a job so im not sure if legal aid helps prior to crown court cases?
Expert:  Jo C. replied 1 year ago.
Not really. An affray is an affray. It is mitigation to say that she didn't start it but not hugely. She really wants to be fighting the affray. In terms of a solicitor, she really needed one at the time of the first interview. Any damage that is done cannot be undone now. The bail back is the less important date.
Customer: replied 1 year ago.
So can people get found not guilty for affray?
Customer: replied 1 year ago.
She did have a solictor at interview so hopefully that helped
Expert:  Jo C. replied 1 year ago.
Oh yes, people are acquitted for affray all the time. Self defence is a defence to affray.
Customer: replied 1 year ago.
Ok.
And with regards ***** ***** process, if it is acquitted will that be on the day they have to go back to court? Or is there a chance it could be acquitted prior to that?
Expert:  Jo C. replied 1 year ago.
They could drop it I suppose. There are not many charges of affray now.They will probably drop down to S4 though or something else under the public order act.
Customer: replied 1 year ago.
And if it is dropped to either of those, with her suspended sentence, will she go to prison?
Expert:  Jo C. replied 1 year ago.
Her suspended sentence will only be activated if she is convicted of another offence.She isn't on licence. She can't be recalled just on the allegation.
Customer: replied 1 year ago.
Ok thanks.
So hope may not be all lost.One last thin;What does isnt on licence mean?
Expert:  Jo C. replied 1 year ago.
That she is not on licence release from prison. She can't be recalled just because she has been arrested.
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Customer: replied 1 year ago.
Its so complicated!
Thank you for clearing some things up