stopping common assault charge

[cebn04]

if only two people witness the common assault in domestic violence, and the victim later realises they do not wish for it go further ie sentencing, after the initial court case is adjourned, how can it be dismissed, ie withdrawing statements etc?

[Buenchico]

This document explains the Crown Prosecution Service's response to situations where statements are withdrawn. (It makes it clear that they will always continue with the prosecution if there is sufficient evidence to do so, as long as they regard the prosecution to be 'in the public interest'. It also indicates the type of investigations which they'll ask the police to carry out):
http://www.cps.gov.uk/publications/docs/Domest icViolencePolicy.pdf
(Sections 5.5, through to 6.6, are particularly relevant).

Chris

[pinkbunny]

Hi ther I tried to withdraw my statement against my ex after he beat me up so that it did not end up in court but the police told me that they would take it to court regardless due to new domestic violence laws. The case is on its 3rd hearing next week in crown court and this is the final one. Looking back now I am glad the police took it further as I am now free from him and safe in a place where he cant get me anymore. It takes alot of courage to move on from an abusive relationship but well worth it in the long run.
I hope the victim in this case can do the same and be free and safe in the long run x x

[SHELLP]

I also spoke to the police about withdrawing statement and was told I could be supenoed to court.

Pink Bunny why is your case on its 3rd hearing at crown court? My ex trial starts next monday he has pleaded not guilty.

[New Judge]

It is not clear from your question, cebn04 what stage the prosecution has reached.

The previous answers cover circumstances where a conviction has not been recorded. That is, the defendant has pleaded not guilty and a trial is still to come. However, your question seems to suggest that only sentencing remains (either because a guilty plea has been entered, or the defendant has been found guilty at trial).

If this is the case, you cannot stop the process whatever you do. A conviction has been recorded and it stands whether you withdraw your complaint or not. The only influence you may have over sentencing is by completing a �Victim Impact Statement�. This can be completed by all victims and is read by the sentencing magistrates (or judge in a Crown Court). It is usually done to impress upon those passing sentence that the offence adversely affected the victim�s life. You may complete one to say that, despite the assault, all is now hunky dory.

[pinkbunny]

Hi shellp!
My case is on the third hearing because firstly it went to magistrates and the judge threw it out because the charges were far too serious to be tried in magistrates. So he commited it to crown court that was feb this year (the assaults were oct last year). Then in june it went for a plea hearing at crown so he went not guilty with the trial to start in july, then in july the court was too busy to hear the case and heard the cases where the defendant was on remand and as my ex was released from remand in feb with new bail conditions he was not the priority on that date. The new case is due to start in 2 weeks time they have commited it to a definate list so that it will be heard on that day. But thats almost a year to the day in total for waiting time!!! It has been a hell of a ride for me and my daughters this past year but even still im not too hopeful when it comes to out justice system.
They have 6 police giving evidence against him myself and my 6 year old daughter which I find appauling. But If I do not give the evidence I have told I will be in contempt of court and I myself run the risk of being in trouble!!!
As a vunerable witness they are providing me with screens and my daughter with a video link and all the medical evidence has been provided by doctors and hospital records. But in all honesty I am terified but this is the only way I will be free to live with my children without fear of violence and I have to do it for them. Its going to be hard for both of us to go through with this but take comfort that your not alone and ask the witness services for help they are very good and all courts have one. I hope all goes well for you shellp and sorry cebn04 for using your thread x x x

[SHELLP]

Cheers Pink Bunny

I am dreading going to court on Monday hope this case is heard I couldnt cope if its adjourned just want it out of way. Have got witness support they are coming to court with me have you been given an indication of what sentence he is likely to receive?

[pinkbunny]

Shellp I know the feeling hun I just want this done and dusted so we can all move on!
My ex is facing 5 charges perverting the course of justice for trying to get my to drop my statements. GBH on me with intent GBH on my 6 year old daughter with intent and two counts of battery on myself. I have no idea what he will face if he is found guilty but considering I think our justice system is far too lenient I doubt I will be very impressed. But for me justice needs to be done for my girls more than myself I was pregnant at the time of the last assult and as a result had my baby over 3 months early and my 6 year old is still struggling with anxiety problems and night terrors and is refusing to have any boys at her birthday party because she is so frightened off men. And the worst off all is that she cant have any form of councelling untill the trial is over. They think it will interfear with her evidence if she has any!!!
Good luck anyway shellp let me know how you get on hun I will be thinking of you x x

[SHELLP]

Pink Bunny

You sound like you have been through so much especially with the children and here I am feeling sorry for myself. I am dreading Mon in one way but it cant come quick enough in another way. Mine has been quite quick compared to yours it happened in May he has been before magistrates who sent it to crown. Will keep you informed.

[pinkbunny]

funnily enough the police officer in charge of the case just called in tonight to see if I was ok and still going to court. They have all been lovely about this and I could not have got through it without them. Its hard to leave a violent partner Shellp but we have managed to do it and soon the court cases will be over with I feel the same as you I dont want to go through fear of him but then I want it over so I can move on but hey we will have to see the justice system can be very unpredictable. I just wish the **** had been a man stood up and pleaded guilty but no he cant accept that he did wrong!!!

[SHELLP]

I know exactly what you mean the court liason officer keeps telling me he may still plead guilty on the day but I cant see it he is too arogant in fact from what people are saying I think he doesnt believe he has done anything wrong. How he can go not guilty when they have loads of photos I dont know.

[pinkbunny]

I know they have so much evidence against my ex its silly for him to go not guilty he may well change his plea on the day byt my ex also is very arrogant and probably thinks he has done no wrong despite almost killing his unborn child. Who despite 8 weeks in intensive care he has never attempted to see I doubt he even knows her name! She is now 8 months old and in the long run we are all well shot of them I think!!
Why cant they just be men and stand up and admit what they have done?? Arnt you glad your free now?? I wake up every day glad I have changed the path of my life I honestly think I would have been killed by him if I had stayed with him any longer. The GBH charge on me was lessened to this from attempted murder as apparently I was not unconciouss for long enough????? Who the hell makes up all these rules???

[SHELLP]

God your experience sounds horrific dont know how you have coped and your poor daughters. Cant believe someone can treat their own children like that. Surely he will get a custodial for this.

I do feel relief that I am away from him but still feel partly responsible even though I did nothing wrong. Sometimes I feel sorry for him and I know thats stupid wish I didnt feel like that.

Take care of yourselves and your little girls xx

[SHELLP]

Pink Bunny

The case has now been put back to Wed as if I am not stressed enough.

[pinkbunny]

See they just dont think of the victims do they shellp??
I am trying to distract myself doing anything other than think about court I go mental all day keeping busy untill I am so tired I fall asleep. I am worried if I even pause for a minute to stop and think about it im gonna crack up!
The way they keep putting it back and then back again just messes up how we feel I get all psyched up and ready to do it and then I get let down. Its driving me nuts!
If they put this case back im gonna go nuts seriously nuts but what can we do??
I know exactly how your feeling hun so take some comfort in the fact that your not the only one in the world feeling like this. Maybe its all happening like this for a reason maybe the judge thats in on wed will see right through him and the one on mon would have let him go? Well its what I keep telling myself anyway. am thinking of you anyway hun x x

[SHELLP]

Sat here now waiting for police to ring me back not sure if things can go ahead Wed now because witnesses might not be able to rearrange. Wish I had your outlook about the judges.

Keep your chin up

Shellxx

[pinkbunny]

Oh dear I see our appauling justice system is doing you no favours either at the moment hun??
I find it hard trying to have any positive outlook on any of it but I am trying to be a tiny bit positive although its coming up to only a week before I have to go!!
I have not seen my ex for almost a year now and I am genuinely scared to death about going I know I have to but I would really rather pull my own teeth out than face the man who made my life and my girls a misery for so long!!
But what dont break you can only make you stronger you keep your chin up too hun its kinda nice I have you to keep in touch with to compare notes x x

[SHELLP]

hI

Just heard that it is def on for Wed or at least we have to go on Wed but listening to your experience until we are actually there and it starts wont hold my breath.

Just been to my friends she is a witness against him and she is as nervous as I am and her husband is not happy about her giving evidence as he is a friend of my exs.

It is nice to have someone to chat with who is in a similar predicament my friends are supportive but they dont really understand.

Shellx

[bensmum]

Just wanted to wish pinkbunny & Shellp all the best for the upcoming cases. I have been there and I know what it's like. You will be very nervous but just remember the bad times they put you through and that you're so much better off now. You will come out of this stronger.
XX