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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The police allege that my husband has assaulted me. They

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The police allege that my husband has assaulted me.They have sent him through the PACE process and have released him on bail. I am told we can not contact each other for at least a month?????

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 6 days ago.
Thank you!

I presume that the police make this allegation because you complained to them? They didn't attend unbidden from the ether?

Customer: replied 6 days ago.
An A and E doctor contacted the police. I have maintained my husbands innocence

And how did the doctor come to believe he had assaulted you?

Customer: replied 6 days ago.
End of year or until the end of the investigation (before I can contact him). Thanks.
Customer: replied 6 days ago.
In confidence told the doctor tht it happened

if you mean that there is a domestic violence protection notice then that lasts 28 days. If these are bail conditions then they will last up until the end of the prosecution unless they choose to remove them. They may do that if you are refusing to act as a witness though as the bail objections are not really met. Can I clarify anything for you? Jo

 

Jo C. and other Law Specialists are ready to help you
Customer: replied 6 days ago.
I thought people had a right to family life? Human Rights Act?

I was asked if I would approve of a 28 day order, but said no. I’m presumibg this can happen without my consent?

They do but not when there are criminal offences being investigated. It can happen without your consent but they won't do that at least not at this stage.

Customer: replied 6 days ago.
Chances of appealing this? Several businesses at my home

He can apply to vary his bail conditions.

Customer: replied 6 days ago.
On what grounds?
Customer: replied 6 days ago.
This is his freehold business/world. Only he knows how many aspects of the business work. Business suffers.
Customer: replied 6 days ago.
I have found the form under cr19.6
Customer: replied 6 days ago.
What is the best angle for to take?

He can’t be within 1 mile of his home and business.

He can not make contact with me
Customer: replied 6 days ago.
“I want the court to decide with/without a hearing?

Is one more advantageous than the other? Putting aside the decision time?

Sorry for so many questions at once! Thanks.

Oh there is no point in using that form yet.

Customer: replied 6 days ago.
What do you mean there’s no point? Thanks
Customer: replied 6 days ago.
Jo, I was going to deliver this form to the court clerk?

There is absolutely no point. There is no basis for that application at this stage. Their conditions are reasonable and appropriate. That form is for people who are on bail for two years or the like with conditions that prevent them working.

Customer: replied 6 days ago.
It prevents him working. It’s a farm???
Customer: replied 6 days ago.
He’s the only worker
Customer: replied 6 days ago.
350 acres. Not a small holding ‘excuse’
Customer: replied 6 days ago.
There are animals which only he knows how to care for. Operations only he knows the quirks etc etc
Customer: replied 6 days ago.
This is his place of work. His cash flow is all based around the location he can not enter.

Yes, but this has been a few days. I'm very sorry but you made a complaint. They have to investigate. The solution is not to complain I'm afraid but that doesn't help now. If you are intent you can make an application but it won't led to a change until he is charged

Customer: replied 6 days ago.
If he is charged, you mean?

Yes. Though that might be quicker.

Customer: replied 6 days ago.
Thank you! In what way could the A&E doctors evidence be used? If at all? Thanks

They can't rely on it as recent complaint unless you give evidence and confirmed what you said was true. They may not know that yet but it is the clear effect of the law. They could rely on it from the point of view of what he himself observed though and whether it is consistent with his defence but it is pretty weak.

Customer: replied 6 days ago.
You say “they can’t rely on it as recent complaint”. Could you expand on that a little. The A&E visit was only 2 days ago if you if you are referring to a timeframe.

You may also have made a type and meant “reliable”? Many thanks.
Customer: replied 6 days ago.
My husband talked to the police in PACE interview and denied all allegations the doctors have told the police

I'm not sure what else I can say about recent complaint. They cannot rely on it.

Customer: replied 5 days ago.
Thank you. The police are going to ask me why I would tell a doctor that my husband had hit me.

Do you have a straight forward (ish)?answer?

Just don’t speak to them. You don’t have to provide any information

Customer: replied 5 days ago.
Officers after arresting my husband searched the house and took a specific hat of mine.

They are searching it for DNA ETC

My husband had sustained a cut to his thumb the day prior. He can be seen wearing a very large thumb bandage on our CCTV a day prior.

They will not find any blood or bandage fibres on the hat.

Do I tell the police?

I want this pre-charge bail condition lifting (1 mile away from home/business)
Customer: replied 5 days ago.
He also wore the thumb bandage in interview. So the whole time
Customer: replied 5 days ago.
The police went through every cupboard/draw/box in the house to find the hat.

Yes, they won't give up lightly

Customer: replied 5 days ago.
Do I tell them that my husbands blood or bandage fibres will not be on my hat?

He is on our CCTV wearing the bandage the day prior. He is also wearing it in interview.

They will find no blood or bandage fibres. I want these bail conditions lifting!
Customer: replied 5 days ago.
I appreciate that it’s often best to say nothing. But they will never link the lack of bandage fibres to his innocence!
Customer: replied 5 days ago.
To my mind they need telling.
Customer: replied 5 days ago.
It is their only piece of ‘evidence’
Customer: replied 5 days ago.
(The hat)

I have covered this above?

Customer: replied 5 days ago.
Yes, I should mention the hat having no bandage fibres? Many thanks.

Just don’t speak to them. You don’t have to provide any information

Customer: replied 3 days ago.
Hi Jo,

As above, I went to a hospital and claimed I had been assaulted by a partner.

They called the police. I told officers that I fell and didn’t want to speak to them. I was not emotional etc. I was simply firm and clear.

They were wearing body cams. Though I said nothing of concern.

Can the doctor/nurses Complete s.9 statements?

If so, can they explain what I said. Or could they only describe my physical symptoms?

Many thanks.

Yes, they can comment on what you said. I have covered all this above.

Customer: replied 1 day ago.
The doctor can comment on what I said. Just a comment in the officers note book? Or a fully blown s.9?

Like I said, the doctor can give evidence about what you said.

Customer: replied 1 day ago.
Does the CPS often prosecute on this alone in your experience?
Customer: replied 1 day ago.
Now I think I’m getting paranoid. I’ve just been stopped by the police as I was “parked outside a pub.”. But they didn’t bother bresthalysing me

Just a remark :/ please see above question re your experiences

Yes, you are being paranoid.

Customer: replied 21 hours ago.
In your experience does the CPS bring charges on doctor statements alone, often?
Customer: replied 21 hours ago.
Re domestic

I understand you are worried but I cannot give you a different answer to the ones above and we are going round in circles. I have answered all these questions before several times.