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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I WAS arrested on an assult charge to my wife which was a push

Customer Question

I WAS arrested on an assult charge to my wife which was a push that was alll(still wrong I agree) but having never been in trouble before the police officer said i was going to get a caution. A female officer went around to or family home to see my wife and also said I was due to get a caution. The police officer who interviewed me also said I was going to get a caution and signed the statement accordingly. My solicitor has now sent a letter to the CPS asking them to withdraw the charges on the basis I should not have been charged after 3 seperate officers said a caution was going to happen? Even the magistrate agreed with the solicitor and allowed him to adjourn the case for 2 weeks for him to proof evidence. What is the likely hood of this case being dropt from your point of view ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Have you admitted the push?

Also, has your wife called the police before or is this the first time?
Customer: replied 4 years ago.
I admitted the push on the basis that I was to get a caution as I said no to a solicitor for the interview for same reason as to get a caution. No we have never had the police involved before. She never calked the police as this happend in town after a night out. She was was walking home and they stopped her asking her if she was ok. Whilst they were talking to her the stated asking her loads of questions probing her resulting in them arresting me for assult. She never wanted this to happen and has since seen a solicitor to get the charges dropped but they said the CPS would still proceed. It was only when I went to caught the solicitor said he hoped I could get the charges dropped on the basis they should never had told me I was only going to recieve a caution?
Expert:  Jo C. replied 4 years ago.
Why didn't they caution you?

What account have they offered?
Customer: replied 4 years ago.
As they were getting ready to release me after 12 hrs, they said the CPS have decided to charge you with common assult on my wife by the way if beating? I was gon smacked as told I would just get a caution!! They then realised me straight away on bail with a re straint order on my wife and the family home? So I went from being told I would be cautioned, to having been charged with assult to
My wife, a re straint order and a court appearance some 10 days later?
Expert:  Jo C. replied 4 years ago.

It is disappointing that they have charged you. There could be lots of explanations. One actually could that they phoned your wife who expressed misgivings about you being given a caution. That would be common. They usually do gather the views of the victim.

You can always argue abuse of process on the basis of legitimate explanation of a caution. Personally I would try that at court if the facts are as you say.

The truth is that I cannot really assess whether or not they will drop this. It depends on factors that I will not know not least being the reason that they decided to charge. It may have been that your wife was reluctant. It may have been that the police just could not persuade CPS because of the facts of the offence although they do not always need their permission to caution. If your wife was in favour then its quite unlikely that CPS refused a caution if the facts are as you say.

In any event though, there is always an abuse of process application to the court if they will not move over this.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.