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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My mum in the heat of the moment called the police on my dad

Resolved Question:

my mum in the heat of the moment called the police on my dad with assault. No official statement was given by mum and dad was given 3wks bail with conditions not to go home so been staying with me for 3wks. Went to bail hearing today and they have extended bail again for another 2wks even though mum has called into police station and said it was not true and she wasted police time. Can we do anything more to get dad back home where he belongs?
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
dad has just come back and explained what they said at bail. They are charging him (contrary to section 39 of the criminal justice act 1988) but puzzles us as its all based on assumption and what they are calling "duty of care". The police actually revisited my mum a few weeks ago where she told them nothing actually happened and she wasted police time and an official statement was taken. How can my dad be charged with an offence based on assumption. Otherwise anyone could pick up the phone to the police and make a false accusation and an innocent would end up getting convicted. Could really use some help and advice on this please?
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Is there a 999 call. what was said?
Ash

Customer: replied 7 months ago.
Hi ash. Yes. Mum initially called 999 during an argument and said to the police that dad had pushed her and hit her on the head. Police arrived and I was present and my sister gave a statement saying she was upstairs in her room and heard arguing but didn't see anything. Mum said she didn't want to make a statement and the police had her sign in their notebook to that effect. They arrested dad and took him to the station where he was released on bail and stayed with me. Went back today for bail hearing and they have charged him. When I last spoke to the officer in charge they said the only evidence they had was the initial phone call complaint and the rest was assumption based on "duty of care" to the victim. Mum then called the station and said she would like to withdraw her complaint. Officers then paid a visit where mum gave a statement advising that nothing happened and that she called in the heat of the moment out of anger and apologised for wasting police time. The officer in charge advised they would pass this on to the crown prosecution service. We heard back a week later saying the bail situation still stood and dad was still to attend. Today he attended and they have charged him on section*****date set on the 31st August. How can they charge based on assumption??
Expert:  Ash replied 7 months ago.

They can do that based on the 999 call. The CPS have a policy of prosecuting domestic violence.

But if there is no witness and no injury they can only rely on the 999 call

The court would then have to decide on the 999 call whether there was an assault. As there is no victim that might be hard.

Can I clairfy anything for you about this today please?

Ash

Customer: replied 7 months ago.
Are we allowed to ask for or have access to all evidence? Including the call?
Expert:  Ash replied 7 months ago.

Yes this will all be disclosed before trial to your solicitor

Does that clairfy?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 6 months ago.
Hi. So we went to court today and they have set a trial date for 3rd October with the same bail conditions as before. Which means mum dad and daughter will be apart for another month for no reason. Can we get these bail conditions changed?

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