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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My ex partner was charged in court and pleaded guilty

Customer Question

Hello, my ex partner was charged in court and pleaded guilty for breach of public order and also criminal damage, he kicked my door in at 3 am whilst my daughter was in bed then threatened to knife 2 of my friends. He was drunk or high and went to rehab for 3 months last year. Following this, his conditions were to not contact me directly or indirectly, which he has on several occasions, I reported this 10 th Jan. He made an arrangement with the police as they were seeking his arrest, to hand himself in yesterday, which he didn't. He has previous non molestation order to ex wife who now went to New Zealand, drunk and disorderly, hit her across the face etc. He is now missing, and the police are looking for him to arrest him. What is likely to happen? And what is his offence list now? I worked for probation last year in Risk support but don't know about this! Thank you, Naomi
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I am a solicitor based in London. Please bear with me while I type an answer for you.
Expert:  Alice H replied 2 years ago.
Breaching bail conditions is not a criminal offence - if he hands himself in or gets arrested, the court might decide to remand him in custody for fear that he might breach the conditions again. With regard to the other offences - public order, criminal damage and threatening with a knife - the outcome depends on a number of factors:- he pleaded guilty so will be entitled to some discount on s sentence, the fact that he has previous convictions is unhelpful to him as it the fact that the criminal,damage happened in the early hours and a child was present. The court will have to decide whether all of these things taken together are so serious that only a prison sentence is justified or whether he could be given a community based sentence instead. Happy to discuss further.
Customer: replied 2 years ago.
Ok, so what about the fact that he is hiding from them so they can not carry out their arrest warrant they issued last week? Thank you
Expert:  Alice H replied 2 years ago.
I agree that doesn't look good for him - but there's nothing in law that says a person must hand themselves in if a warrant is issued. There is no obligation on a person to offer themselves in for arrest unfortunately.
Customer: replied 2 years ago.
I can't believe that, really, that he is on the run from an arrest warrant? And breached his court bail 7/10 times? That is unbelievable!
Expert:  Alice H replied 2 years ago.
His obligation is to attend court and comply with bail conditions. If he fails to attend court that is a criminal offence. Non compliance with bail conditions is not - the consequence of not complying with conditions is for bail to be revoked. As far as warrants are concerned there is nothing in the law that says a person has to hand themselves into the police. You have to remember that a warrant is a power given to a police officer to arrest someone - it is not an order for a person to come and hand himself in.
Expert:  Alice H replied 2 years ago.
Please remember to take a moment to rate my answer otherwise I am not paid for my time. The Q&A will not close and you will be able to ask me any further questions about this if you wish. Many thanks, Alice.