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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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Good Afternoon, On Sunday 7th August, I completed a cycle

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Good Afternoon,
On Sunday 7th August, I completed a cycle ride from London to Windsor for Epilepsy Action; for which, including gift aid, raised just under £407.00. A short while after arriving home, I received a phone call from the police, saying that ex partner Emma Stiffe had accused me of a) physically assaulting her, and b) sexually assaulting her. The second one, was that I allegedly smacked her on the bottom. ( Hardly crime of the Century ). I am out on bail, and have to report back on Tuesday, 28th at 5 pm. The condition of my bail, is that I don't have any contact with the person in question. So far, so good. Can you confirm for me please, what a lot of people have said, which is that if the police were going to take this matter to court, that they would not have let me out on bail, but instead, they would have kept me in, for further questioning, and therefore, so long as I keep to my side of the bargain, that I will be still a free man after the date in question? Thanks. Derek Evans.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, I cannot confirm that. People are bailed all the time and charged. Whoever has told you that has absolutely no idea of the current practice.
It is quite unlikely that they would remand you in custody even if they do charge you. It is just not really appropriate here unless you have a horrendous history of non compliance with the Bail Act.
I would suggest saying things like 'its not crime of the century'. I know it is not but that is a swift way to get charged and convicted.
Can I clarify anything for you?
Customer: replied 3 years ago.
So far, I have co - operated with the police regarding this matter, and there is another reason for asking the question. Whilest at the Custody Suite, it was brought up, that I had previously assaulted another ex partner of mine. That one was true, but still did not go to court. This one, similarly, the person who made the allegations , does not want to take the matter further. Until the first incident, in 2011; I had no criminal records. That young lady and I are now good friends, to the extents that a) I help her with things like her shopping every so often, and b) I am a transvestite, and have got quite a lot of her un wanted clothes. This issue was also raised in the Custody Suite. It was therefore said that if the case goes to court, I could be made to serve my time in a women's prison, and undergo first treatment, and then the operation . Is that true? Can they do such a thing?
It is quite unlikely they will get that previous allegation into any trial on this occasion.
You would not be sent to a women's prison if convicted. It is not very likely you would go to prison anyway.
Just comply with your bail conditions and find yourself a girlfriend who doesn't call the police and make allegations of abuse when she can't have what she wants. We don't all do that.
Customer: replied 3 years ago.
Great! That is what I was wondering, so basically, the police officer in question,knowing that I am a tv, was winding me up, when he said that I could be sentenced to a women's prison and made to have the operation ? I have also started a new relationship with someone, and so far have steered clear of the lady who made the allegations. Am I also right in thinking, therefore, from what you have just said, that if it gets as far as court, and I am convicted, that it could mean doing community service, and voluntary work instead?
Yes, he probably was.
Don't have anything to do with her ever. Women who make allegations of abuse need to be avoided like the plague.
This would probably be a community order of some form.
Customer: replied 3 years ago.
So. Does that mean, that if I am unfortunate enough to get taken to court, that it would almost certainly end up with me doing some sort of community service, and / or voluntary work, so long as I keep well away from the lady in question?
No. It depends on whether you are convicted.
If they alleged a smacked bottom then that is a sexual assault which should go to the Crown Court if you intend to dispute this.
I would expect a community order if the worst happens but I would brace yourself to be charged. Everybody is being charged at the moment. You would be forgiven for thinking that the only crime in the UK is sexual in nature. In a year when the conviction rate has plummeted they will be whinging and moaning about that too.
Customer: replied 3 years ago.
So, I could still be charged with this, for which it could end up in a Crown Court, but serve a Community Service in lieu of a jail sentence? Is that how it works? I have already set the ball rolling to look for voluntary work, as I am on work related ESA. Rather than being on Job Seekers Allowance, and under the pressure of looking for work, I have difficulties in keeping a job, due to my personal mental health issues, which date back to very early childhood.
Yes, but it depends on whether you are convicted.
Customer: replied 3 years ago.
So, if I am convicted of such crimes, there would be a greater chance of getting made to do some sort of voluntary work, rather than going to jail. Even more so, because I have the hobby of wearing women's clothes, rather than having already started procedures to change my body , which would mean that if I was a pre - op transexual, and convicted of a crime, and it was thought that a jail sentence would be more appropriate , that a women's prison would be more appropriate, but not if like in my case, it is just a hobby?
I would expect a community order if the worst happens
You would not be sent to a women's prison if convicted. It is not very likely you would go to prison anyway.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Good Morning,
My question now is this: Under normal circumstances, entering the custody suite as a suspect, anything that I have with me, such as keys, I pads, mobile telephones, etc have to be surrendered to the police until I am released again. What happens if on my I pad and / or my I phone, I have evidence that would go in my favour ? For example: photos of certificates for fund raising and my cuddly toys. On my phone, I have a request from her to be friends on Facebook. This came through to me a few days after I attended the Custody Suite . I have not had any contact, directly or indirectly with the " poisonous " woman in question , as advised by the police when I was released on bail.
Sorry, I'm not sure what you mean?
You mean if there is evidence on personal effects removed from you in custody?
If you are surrendering on bail then why are you taking these items?
Customer: replied 3 years ago.
I shall be taking these items, because I have got evidence that will work in my favour, should I be unlucky enough to get taken to court over this. The message via Facebook from Emma ; indicating that she wishes to be friends, after she made the allegations. Other evidence, too. I said that I have a flat full of cuddly toys, and that people would be at a greater risk of being beaten up by them than they would by me. Also, I have photos of the certificates gained through the fund raising events that I have participated in over recent years, including the most recent one, that I did the day that I got the call from them to report to my local Custody Suite.
Yes, but why are you showing these to the police?
What is the relevance?
Customer: replied 3 years ago.
Because just before leaving the building last month, I came out with the statement that I told you. I want to prove to them that I really do have a flat full of cuddly toys. The message that is on my phone, is one that I phoned them about, and they advised me to hold on to it, and show it to them when I get there tomorrow .
Well, I haven't had full vision of the case but I cannot see the relevance of either points I'm afraid.
It is generally a bad idea to show evidence like this to the police. It doesn't exculpate you. If the point of it is to undermine the credibilty of the complainant then showing it to the police is a bad idea. They will just tell her about it and she will have months on end to think of a lie.
Customer: replied 3 years ago.
Even though they asked that I kept the message, requesting through Facebook to show to them upon my return to the Custody Suite?
Yes, of course they did. They will use it to get advance sight of the evidence so that they can give their witness time to respond.
Just stop taking legal advice from the police and follow the advice of your solicitor.
Customer: replied 3 years ago.
At the moment, I don't have a solicitor. This is one of the reasons why I turned to you for your help. Surely, anything that reflects my good chareteristics will go in my favour, should it go to court?
No, I had thought you may not. That will have done considerable damage to your position I'm afraid.
I think I've given you my view of this.
Just get a solicitor and follow their advice. You will already have caused damage but at least you can limit it.
Customer: replied 3 years ago.
How can showing proof of having a good chareteristics damage my chances of winning the case, should it go to court? I do have learning disabilities, like, but not to the same extent as those of Emma Stiffe. I can't see it getting that far!
If you carry on playing into the hands of the police in this way then it probably will go to court I'm afraid.
The evidence that you mention above is not really particularly damaging to their witness and all you are doing is giving her six months to think of an answer rather than 10 seconds that she would have in the witness box.
Customer: replied 3 years ago.
Why six months? What is that all about?
As I have said, they will just tell her about and she will be given time to think of a lie while the matter comes to court.
Customer: replied 3 years ago.
But why six months ?
Because it will take at least that long to come to trial.
Customer: replied 3 years ago.
If it gets to Court, and the judge decides that I should go to jail, like you say is highly unlikely, how long can I expect to get? And if it turns out that I get Community Service instead, how long can that last?
I would expect a community order. There is no limit upon the length of time for a community order.
Customer: replied 3 years ago.
In an earlier answer to one of my questions, you said that it could take six months for it to come to court. You also stated that after tomorrow, I could be bailed again until it goes to court. I presume that if it does go that far, and instead of community service, I get sentenced, how long can I expect to serve?
No, as I have said above, it will be a community order on these facts.
Customer: replied 3 years ago.
Can they hold me until the date of the case, or will they bail me to return either to return to the Custody Suite or to the Court?
They can remand you after charge but they won't do that. There is no reason to do so here.
Customer: replied 3 years ago.
So, what do you think will happen tomorrow?
I would brace yourself for a charge for the reasons above.
Customer: replied 3 years ago.
So you think that although highly unlikely, they could still charge me with the accusations made against me? This is eating away at my nerves!
No, that is not what I said.
I think it is quite possible that they will I'm afraid.
Customer: replied 3 years ago.
So, even though the girl is a compulsive liar, and I have complied with all the conditions of my Bail ; they could still charge me with the " invisible " crime/ s, and hold me until it goes to Court, which could take up to six months? She smokes too much, drinks too much, and lies even more!
Yes, they could still charge you for the reasons I've explained.
Customer: replied 3 years ago.
That means then, that if they hold me in until the date of the Court Hearing, and it does actually last six months, before going before the Judge, it would cost me my home, despite my innocence? Besides, can you see them prosecuting someone who has mental health problems? The press would have an absolute field day!
Yes, they absolutely would prosecute a person with mental health problems. They do it all the time. It is not a consideration.
Customer: replied 3 years ago.
Even though the press would have a field day, and probably start some sort of protest or campaign in my favour?
The press won't have a field day I'm afraid and they certainly would not protest in your favour.
Do not get the press involved. It will blow up badly in your face.
Customer: replied 3 years ago.
I shall have to get some sort of support for this, and even if it is only the local paper to start with; someone has to make them realise what a mistake they are making!
Good luck.
Customer: replied 3 years ago.
Thanks. After all, why should they get away with treating me so badly, when I am innocent? Shall cross that bridge as and when I come to it. I know what I have to do , which would first to be to let them know at my local paper!
Good luck.
Customer: replied 3 years ago.
Thanks, ***** ***** remember, I have obeyed their instructions and given Emma a wide birth. Since that Monday afternoon, 8th September , just one day after I cycled to Windsor, have not been in trouble with them. Initially, I said that it was the 7th of August, when I first asked for your help. Sorry. I was not thinking straight .
Customer: replied 3 years ago.
Just found out that they might not hold me in custody after all, even if they do charge me. My good sister is self - employed, and is willing to stump up the cost of bail! She has also said that if I am detained for the six months that it could take to get me to court, that she would pay my rent on my behalf , so as to keep my home open!
No, of course they won't. That is what I said above.
Customer: replied 3 years ago.
So, you don't think that they will hold me in custody while they wait for it to go to court, if I am charged? Sorry. I am confused!
They can remand you after charge but they won't do that. There is no reason to do so here.
Customer: replied 3 years ago.
Thanks. You sound convinced that they won't charge me, due to my good behaviour since Monday, 8th September, 2014. Am I right, then, that they can only do so, if between now and tomorrow afternoon, and / or whilest on the premises, I do something silly and start throwing my toys out of the pram, that they will then have ammunition to charge me with? We can all prey that I will still be a free man tomorrow night, and can sleep in my own bed. Mind you, if it comes to it, Mrs. Church will pay the fee to keep me free!

No, that is not what I have said at all.

I think you would really need to ask another question to pursue this now as there is just nothing I can add.

Customer: replied 3 years ago.
I did not say anything, as my look was enough to drive her out of the building. All be it that they were amateur, I went with some friends to see some bands playing in a hall. Very good, especially as they were not professionals. My point is this. She didn't stay for very long, but upon arrival , Emma was there. She even past me in the street en - route to the venue. She said " hello ". I totally ignored her. I am starting to see now, that at this point; the photos and certificates are not relevant , although, and I might be wrong, but they could be at a later stage, maybe if it goes to court?
Customer: replied 3 years ago.
I might be wrong here, but in order to get a case like this to Court, the victim, the example here is Emma, would of had to have taken photos of the injuries. I know this, from previous experience, when, in 2003; I was the victim, and had to produce photographs of a black eye. The culprit was addicted to drugs, and, because he used both physical force and a knife to detain me, got six years for it. Emma is one of these unfortunate people who bruise very easily . I checked for bruising, after pulling her towards me to give her a cuddle, there were none! Just had the police on the phone. The case has been dropped!