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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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my husband was arrested on 28th December 2014 assault,

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my husband was arrested on 28th December 2014 for common assault, he has been charged and is on bail, till 12 january 2015, yesterday he appeared in court and he has been granted bail till end of May 2015, i have not made a statement against my husband, but my 17 year old did even though he did not witness anything, and he retracted his statement after a few hours. my husband and i was only having an argument and the childrens misunderstood everything. i was not hurt or injured and the police will not tell me anything, despite contacting them on numerous times. i want to know what i can do to help my husband,
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you done this before?
I presume your 17 year old called the police? It is quite unusual for children of the family to do that unless they have seen their parents call the police to disputes.
Customer: replied 3 years ago.

No,i did say in anger to call police

So there has never been another call at all even from the children?
Customer: replied 3 years ago.


Do you know what your son alleged?
Customer: replied 3 years ago.

yes that dad hit mum, he was half asleep when he got woken up, by my shouting and i shouted your dads kicking off again, he thought i said dad kicked me. and in the statement he said he saw dad kick me cause he said he was angry with him, and was upset that his sleep was disturbed, my husband works 12 hours a day goes in morning at 7,30am and does not return till 10pm everyday, children only see him on sundays. i also work 30 hrs shift work too, so me and my husband dont see much of each other, so please explain to me how we can be having a domestic everyday like the police are predicting.

I think they were probably saying that before the bail conditions you were having regular domestics.
The difficulty with this is enormous. If you put pressure on your son to withdraw then that is a very serious offence for which you would be facing custody.
If he does withdraw then one of several things could happen. If he says that what he said was untrue then he could be arrested for perverting the course of justice. They are becoming more willing to do that. Equally they may just give him a wasting police time fine. it is really difficult to predict that. They are entirely inconsistent on the point.
That said, they may believe him and drop the case. If that does happen then that would be wonderful.
They may disbelieve him and summons him.
If he says that it was true but he doesn't want to go to court then they will probably just summons him and force him to give evidence. That doesn't mean they will succeed. People regularly fail to answer summonses but that is the risk.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 3 years ago.

my son withdaw statement saying he was confused so he has already on the same day of incident extracted his statement. and said what he said was not correct. but still saying that CPS are pushing the case for trial in May, which i cant understand, the reason for as no evidence no witness statements, as my older children one 20 yrs and the other 19 was also their at the incident.

They are doing that because that is their current policy.
Sadly, sometimes people use the police as a mediation service and keep withdrawing. This policy was designed to address that.
Customer: replied 3 years ago.

so is there nothing i can do to help my husband all children are missing him i am and my youngest 12 year old keeps saying why police took dad what did he do. someone suggested i get a solicitor and make statements from myself and all my children to say we are not making any allegations against my husband and he hasn t done anything wrong would that help or remove bail conditions, what would you suggest 5 and a half months is a long to time to be away from my husband for me and the children.

There is nothing you can do. If you try to influence your son they could charge you with perverting the course of justice.
There is no point in a solicitor. They are Crown's witnesses and will not deal with them.
You could make a statement to your husband's solicitor but that will not cause them to drop the case.
He can apply to vary his bail conditions to allow him to return but you have to be realistic. They are not going to want him to return to the address where the witness lives.
I know that people spend long periods of time on bail but the problem is that this is what happens when you call the police to domestic disputes I'm afraid.
I am sorry and if I made policy this whole issue would be in the family courts not clogging up the criminal and wasting our resources. Unfortunately though I don't and that is their current policy.
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