General Chat

Hi all,

Anyone know anything about the courts etc? My friend was assaulted by her ex partner just over three weeks ago and he was arrested. At the time she wanted to press charges but since decided it was a one off, short relationship and it is 100% over. She told this to the Police the following day and has heard nothing since from the Police or the ex. She rang the Police today who told her he had been charged and was due in court in two days.
We are confused? She has not been kept informed at all, and what will happen in court with him?

As I understand it ...the sergeant at the police station is the one who decides whether to progress the case...I think it then goes to the CPS.

I'm not an expert on this but I think this is what happens

My friend was assaulted (visibly bruised and traumatised by it all) and the woman involved was charged with assault, given 120 hours community service.....and fined £125 payable to my friend.plus £50 in costs. x

Will my friend have to go to court after this first hearing this week or whatever it is?

If your friend was assaulted by her ex partner then once the police have enough evidence it is then up to the director of public prosecution as to whether to prosecute, the fact that your friend decided to drop any charges is irrelevant, the law was still broken and so they will still prosecute

This was changed because of people withdrawing a complaint after involving the police, so it was seen as wasting police time,
and because most of these types of offences usually reoccur if not dealt with

Roy

Edit, I meant the CPS (Crown Prosecution Service) which i believe replaced the DPP or is part of it

I think if the defendant pleads guilty the plaintiff does not have to attend court, only if he pleads Not Guilty

My friend didn't attend court she was notified by the police afterwards of the outcome x

Its the police that are charging him not your friend, After questioning him they must have decided there was a case to answer so he was charged. If your friend hasn't received a notice that she is wanted as a witness then she wont be called .

If he is commited for trial then she may get called forward .depends how he pleads.

Thanks, hope he pleads guilty, friend is terrified of having to face him in court.

Meryl, and I think that is one of the reasons that the case goes ahead despite the fact that the assaulted person doesn't want to lay charges. Pressure was brought to bear on the assaulted and threats made so cases were dropped. Now the police make the decision. Maybe it is not his first offence and your friend doesn't know that.

AnninGlos, I think he has done it before, not to her but to an ex. He once in conversation with me slipped up about being arrested for assaulting his ex. I questioned him as I was a bit shocked, he back tracked and said he meant to say he was almost arrested for pushing her, but of course she had made it up! Yeah right.
My friend is also upset because her 10 year old rang the Police after witnessing some of the attack and Social Services then got involved because apparently they do now if a child witnesses such a thing. She was told they would be paying her and her son a visit if the Police pass on information about any future incidences.

I suppose that it is a good thing that SS are aware. The safety of a child is paramount.

Thanks all, any more info gratefully received.
Once he has been to court in a few days is he still on bail or not?

May I suggest your friend contacts the people below, tel no. included? They will be able to advise her on what happens and can accompany her if she has to go to court.

Good luck to her, hope the bully leaves her alone now and things get better for her and her child.

Lizx

We are Victim Support
We are the national charity giving free and confidential help to victims of crime, witnesses, their family, friends and anyone else affected across England and Wales. We also speak out as a national voice for victims and witnesses and campaign for change.



We are not a government agency or part of the police and you don't have to report a crime to the police to get our help. You can call us any time after the crime has happened, whether it was yesterday, last week or several years ago.

We have offices throughout England and Wales and we run the Witness Service in every criminal court.

Call our Victim Supportline on 0845 30 30 900 to get help now.

Thanks very much for that Liz, have passed the number on.

Update.

She withdrew her statement and was told he pleaded not guilty, typical!
Now she has to go to court in a few months unless CPS decide it is not worth it. Do you think it is likely they will drop it?

He has been charged so they think there is a case to answer, Its unlikey now that the CPS will withdraw the charge unless on review they think the outcome may not be worth it.
I,m afraid its a wait and see for your friend

It depends what evidence the police have I would think to give the CPS. If it goes ahead she will be called as a witness for the prosecution regardless of whether or not she withdrew her statement.

Thanks Shirley. It was a short relationship and that violent incident was a one off. She is so scared to go to court and just wants to forget it all and move on.

Thanks AnninGlos. Would the fact she withdrew the statement go against her?

they would understand why she withdrew it I am sure and I could not imagine it would go against her