How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My partner was arrested last week, whilst in the police

This answer was rated:

My partner was arrested for ABH last week, whilst in the police car it came across the radio that he was re arrested for GBH as the victim went to hospital.
the victim left hospital after 4 hours, with no broken bones or fractures just black eyes. the victim has now retracted their original statement and stated in his original and the retraction that the crime didnt fit the punishment and he didn't want to press charges.
My partner didnt resist / evade arrest and was co-operative to the point the police officers that came to my house said he was the most polite person they had ever arrested.
they bailed my partner until December i just wondered what the chances were if the police were to prosecute him. This would be his first and only run in with the police
Thank you for your question. My name is ***** ***** I will try to help with this.
How did all this come about?
Customer: replied 2 years ago.
my partner saw a text on my phone from the victim and assumed i was having an affair, i work for the victim and there is history from 2 years where the victim and my partner fell out
Did that involve you ?
How did he come to see your phone?
Customer: replied 2 years ago.
the falling out was just a crossing of words 2 years ago, i wasn't at the scene when the fight took place last week, i was at home, he saw my phone at home, then called the victim as he wanted to talk to him about it the victim gave him his address willingly with a view to talk it over, and obviously when he got there he punched him repeatedley
Customer: replied 2 years ago.
my partner was breathalised at the scene and wasnt drunk either
Yes, but how did he come to have access to your phone?
If you have been inciting him then that is potentially a point in mitigation but I need to know in what way.
Customer: replied 2 years ago.
he had access to my phone as we leave our phones lying around and message notifications flash up, he picked mine up before we were going to bed, i didnt purposely show him it just flashed up
Customer: replied 2 years ago.
i would like to know if the police would still prosecute even if the victim has retracted the statement and wants nothing further to happen
But there must have been some background to this?
Otherwise why would he arrange to meet him?
Have you been inciting him? It might be possible to mitigate on that basis but, if we are honest with each, men do not usually go and deliver violence for no reason at all.
Customer: replied 2 years ago.
there is a background, i had an affair 2 years ago with victim.
If I can presume that you have been inciting this then it is a double-edged swords. On the one hand, it is a point in mitigation to say that there has been provocation although I suppose a court could say that you were to blame for that rather than the victim.
On the negative though, the police could say that this makes the situation more volatile. It depends if they know about it.
The short answer is that he cannot just bring prosecution to an end by retracting his statements. Once he has made statement that is evidence and that cannot be removed. What you do when you retract the statement is effectively says that the Crown that you no longer want to support a prosecution. That is all very well but it is not evidence. With domestics they do currently have a policy of bringing women to court by summons when they refuse to cooperate. Of course, this isn't a domestic but they may say that the severity of the injury justifies a summons.
Whether or not this person will comply with a summons is another matter altogether. There are very limited options open to the Crown if the complainants just refuse to come to court.
Can I clarify anything for you?
Customer: replied 2 years ago.
yes,based on the information i have given you, that he was arrested for gbh - even though i know the victim has no broken bones and just 2 black eyes, my partner has no prior convictions, the victim has retracted his statement,my partner was cooperative and didnt resist arrest, its not domestic violence in the sense that it wasn't myself and my partner fighting, the victim has spoken to the case officer and said he wants no further action taken, what are the chances when my partner goes back to the station they take no further action and drop it all together?
To be wholly honest, they probably summons him.
It is 50-50 really but they often do summons.
Whether that succeeds or not is another matter.
Customer: replied 2 years ago.
last question is it ever possible to bring a date forward in which you attend the station for letting you know if they are going to charge you? ie if you are on holiday?
You can ask.
It isn't possible to force them to do that but it is a perfectly reasonable request and mostly they would comply with that.
Bail back dates have to be ones that people can reasonably attend.
If it is an NFA they will usually inform by post.
Customer: replied 2 years ago.
If its NFA how long after the incident would you expect to see something in the post?
There is no way of knowing I'm afraid. It depends on the factors in the case. Evidence can change for lots of reasons.
Customer: replied 2 years ago.
i know there are 3 outcomes of a 'bailed pending further enquiries' - charged, caution of NFA, would you expect a NFA in the post before that date or could you be told NFA at the poliec station on the due back date?
You could be told on the day when you attend at the station but they often do send them out by post now because it is much less labour intensive for them.
Jo C. and other Law Specialists are ready to help you