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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I wanted to get some advice, West Midlands, My partner is on

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Hi i wanted to get some advice
JA: Where are you? It matters because laws vary by location.
Customer: West Midlands
JA: What steps have you taken so far?
Customer: My partner is on a police bail i have retracted my statement against him
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

You will get an automated message offering to speak with me by telephone, I have no control over this, please ignore it unless you wish to pay for a phone call. Otherwise I will continue to assist by e-mail.

What did you want to know about this? Whether the Police will proceed with the case against him?

Customer: replied 1 year ago.

Sorry, can you just confirm what is your question about this?

Customer: replied 1 year ago.
i have retracted my statement almost a week and a half ago i havent heard anything back from the police officer dealing with the case and he has to go back to police station on 11 june as his bail will end but domt know what will happen on that day i have told them i want to drop the case

Ok well the first thing to remember is it isn't up to you to "drop the case". You can be forgiven for thinking so as people always hear about "pressing charges" on the television. That is how things happen in America but here in the UK only the Police/CPS can decide whether something is prosecuted or not; it isn't actually the victim's decision.

However, if you've retracted your statement then the Police have a lot less evidence to go off.

When it comes to deciding whether to prosecute then there is a 2 stage test, both stages being very important:

1) Is there sufficient evidence?

2) Is it in the public interest to prosecute?

Your retraction means that the case might not get past stage 1. Your wish not to see your partner prosecuted is relevant to (2) but doesn't outweigh the public importance of stopping crime generally. The Police have to make sure people are protected.

So in answer to your question, if you were the only witness and you have retracted, it's likely that on 11 June the Police will decide there isn't enough evidence and may take no further action.

If there is other evidence e.g. CCTV, photographs of injuries to you, distressed 999 call they could decide to proceed and charge him.

I'd ring the Police again and just check they know you wish to retract and explain your reasons. They will want to make sure you aren't under any pressure to retract and that you will be safe.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Aaron D and other Law Specialists are ready to help you
Customer: replied 1 year ago.
There is just one photo of some marks on my wrist they took that day, i have already explained to the cps officer dealing with it the reasons i want to retract that im not under any influence
Customer: replied 1 year ago.
I will do your rating

It's unlikely they will prosecute but you'd have to wait and see I'm afraid.

Customer: replied 1 year ago.
Thankyou i will let you know the outcome on thursday evening