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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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Just over 6 months ago I was arrested for suspicion of

Resolved Question:

Just over 6 months ago I was arrested for suspicion of hitting my wife. I was on pre charge bail for 1 month but it didn't progress as myself and my wife remained quiet about the incident. They checked CCTV but found nothing. Since then I have tried to work on my marriage. Recently my wife has been threatening to go to the Police about the same incident which does worry me. She says this when she loses her temper. I read somewhere that the Police have a 6 month time frame on these things? Is that right? Am I ok to let her threat but know in my head that nothing will happen? Or is there more to it?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Are you saying that your wife wants to go back to the police on that original incident to make some more kind of spurious complaint or to resurrect it?

You are quite correct that the police have six months to charge you after which, it would be deemed to be abuse of process. It’s unlikely therefore that the police would resurrect this now.

It would be different if the incident was 6 months ago and she was making the complaint now but that’s not the situation., However, even in this latter situation, because the evidence is “cold” it’s most unlikely that the police would investigate much in any event.

Can I clarify anything for you?

Customer: replied 9 months ago.
She just gets angry and threatens it every now and then. I can go ahead and get a divorce now but I'm certain as I do she will contact the police in rage - her way of trying to get back at me. It seems they shouldn't listen I think because this is old now. Thanks
Expert:  F E Smith replied 9 months ago.

Your understanding is absolutely correct but don’t be surprised if your wife starts making new spurious (lies!) allegations although what she would hope to gain by that you are petitioning for divorce, only she would know.

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Best wishes.


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