ChatterBank2 mins ago
WITNESS RETRACTION
39 Answers
hI
i HAVE BEEN CHARGED WITH ABH ( assault by beating) I gave a no comment interview, and pleaeded not guilty
she has now retracted her statement and also instructed solicitor to write to Police and CPS confirming retraction and that she wants the bail conditions lifted and does not support prosecution
i have to attend a pre trial review and the case has been listed for trial in December
I have read so many articles regarding this matter, has anyone got any answers, how do i get the bail conditions lifted before trial, i miss my children and of course my wife
i HAVE BEEN CHARGED WITH ABH ( assault by beating) I gave a no comment interview, and pleaeded not guilty
she has now retracted her statement and also instructed solicitor to write to Police and CPS confirming retraction and that she wants the bail conditions lifted and does not support prosecution
i have to attend a pre trial review and the case has been listed for trial in December
I have read so many articles regarding this matter, has anyone got any answers, how do i get the bail conditions lifted before trial, i miss my children and of course my wife
Answers
It's a bloody long time since I did any DV. However this is what generally happens. Prosecution will summons your wife. She has to attend on a summons and quite often the prosecutor will send a PC round to her house to bring her to court - without her - unless there is independent eye witness evidence the case is likely to fail since the burden of proof is on the...
20:01 Sat 18th Sep 2010
THE VICTIM WAS MY WIFE, WE HAD AN ARGUMENT WHICH GOT OUT OF HAND, SHE WENT TO HER gp FOR TREATMENT, gp REPORTED THE MATTER TO SOCAIL SERVICES WHO THEN GOT THE POLICE INVOLVED. A WEK LATER IPOLICE CAM TO MY HOUSE AND INTERVIEWED MY WIFE, THEY SAW BRUISING ON HER ARMS AND I GOT ARRESTED, SHE MADE A STATEMENT AND I WAS CHARGED AND TAKEN TO COURT. SHE HAS RETARCTED AND WILL NOT TESTIFY IN COURT, WHAT ARE MY CHANCES
I PLEADED NOT GUILTY AND GAVE NO COMMENT AT POLICE INTERVIEW
THEY HAVE HER STATEMENT AND PHOTOS OF BRUISED HANDS
I PLEADED NOT GUILTY AND GAVE NO COMMENT AT POLICE INTERVIEW
THEY HAVE HER STATEMENT AND PHOTOS OF BRUISED HANDS
Very briefly, the CPS now has a policy of continuing prosecutions for domestic violence whenever possible even if the alleged victim withdraws the allegations.
Whether they do or not in your case depends upon the eveidence they have. Until they make their decision it is unlikely that your bail conditions will be lifted.
Whether they do or not in your case depends upon the eveidence they have. Until they make their decision it is unlikely that your bail conditions will be lifted.
Normally in cases of domestic abuse, the victim will be given leave to remove themselves from the prosecution process without let or hindrance if the Police and social services have enough evidence to convict.Pleading not guilty when,by your own admittance,you left long term bruising that required the attention of a Doctor,puts your chances of being imprisoned very high.The bail conditions are there to protect the victim or victims and are never removed unless the threat of violence has subsided.Also your 'no comment' interview may be viewed as a lack of remorse.
what do you expect? you did a no comment interview "it may harm your defence if you do not mention, when questioned.. " so you've buggered that. you've pleaded not guilty when you're evidently guilty.
your legal rep can try to arrange to go before the bench to see if your bail conditions can be altered. don't hold your breath.
your legal rep can try to arrange to go before the bench to see if your bail conditions can be altered. don't hold your breath.