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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Do i have to complete an mc100 form if i am pleading not

Customer Question

do i have to complete an mc100 form if i am pleading not guilty ?
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

can you explain your situation a little more?

Customer: replied 2 months ago.
i have been accused of abh, i deny it as i pushed an attacker away and he fell injuring himself i am pleading not guilty this is the first hearing and i have been told that i will be reported to the district judge if i do not complete mc100
I do not want to complete this as i am not guilty and expect the case will be dropped once i plead not guilty
Customer: replied 2 months ago.
i am at the court now and cannot use my phone !the usher already hates me :)
i had to leave my terminally ill mother last night to come here and consider this a complete waste of my time, i need to get back to my mother this afternoon as the carer will only stay with her till 2pm so i will leave if i have not been allowed to enter my plea by 12 for this reason.
Customer: replied 2 months ago.
i am my mothers primary carer!
Customer: replied 2 months ago.
I was opening my front door when i was attacked having previously walked away from the person, he had no reason to follow me other than to atttack me, i will hire a barister if the case proceeds to trial, for now i just need to know if i have to complete the mc 100 ?
Expert:  Jo C. replied 2 months ago.

Sorry but why are you expecting the case to be dropped?

Customer: replied 2 months ago.
because it is a waste of everybody's time, how can you convict someone of ash when even the witnesses are saying i simply pushed him away when he confronted me, the fact that he tripped because was drunk is not my fault, it would be bad use of public funds to go to trial, however if it is not dropped i will defend it to the limit
Customer: replied 2 months ago.
please answer the mc100 question
Expert:  Jo C. replied 2 months ago.

There is no prospect of this being dropped. They will just set it down for trial. Most cases are a waste of everybody's time in particularly domestic violence which should be in the family court and historical sexual abuse which should be on the Jeremy Kyle show.

However, on the Mc100 point, you don't need to fill it out unless you are pleading. They may well ask you to do is anyway but there are no consequences for not doing so.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
i have to fill it in if pleading not guilty ?
Expert:  Jo C. replied 2 months ago.

However, on the Mc100 point, you don't need to fill it out unless you are pleading. They may well ask you to do is anyway but there are no consequences for not doing so.

Customer: replied 2 months ago.
i agree with your observations, if it goes to trial and i lose then that is something i would have to accept but i and any reasonable person would do the same again !
Expert:  Jo C. replied 2 months ago.

Oh yes, if you are not guilty then you must plead not guilty.

if it is an ABH then take it to the Crown Court for trial.

I was just making the point that if you are expecting good sense and courage from CPS then you are probably going to be disappointed.

Customer: replied 2 months ago.
i am "pleading" not guilty, so do i have to complete the form ?
Customer: replied 2 months ago.
All these things are part of life experience, at least i will learn about the court system :) and it seems i have little choice in the matter anyway !
Expert:  Jo C. replied 2 months ago.

Well, as I said, you don't have to fill it out if you are pleading not guilty.

They may ask you to do it anyway but there are no consequences for not going so.

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