Common Assault Court Apperance

[paulvrudge]

I have been charged with common assault on my wife I am to appear at a magistrates court in 10 days time. at that time I am pleading not guilty,can my solicitor put forward very heavy evidence that this could not have happened and that the magistrate and the prosecution agree this should go no further

[sara3]

any "heavy evidence" would need to be examined so no, it would not be dropped at that hearing, more likely be adjourned to allow that to happen.

[atalanta]

What sort of evidence ? Authenticated photos of her face not showing the injuries she claims you caused ? A cast-iron alibi proving you were not in the same place at the time she alleges ? Camera footage showing it was someone else bashing her ?

[FredPuli43]

The prosecution should have the case tried . You have been charged because the prosecution have a case which they think is more likely than not to bring a verdict of guilty. If you have evidence , you must call it in your own defence. It can then be tested in cross-examination.

[New Judge]

Yes Fred, as he always is with these things, is perfectly correct.

The time to test the evidence from both sides is at the trial. When you appear and enter your not guilty plea there will usually be a "case management" hearing (though in some areas this may be adjourned to a later date). At that hearing the court will hear what is alleged, what is agreed and what is in dispute (that is, in effect, the basis of your not guilty plea). They will also determine which witnesses need to be called to give evidence and which, if any, can be "agreed" and their statements simply read to the court at the trial. Also determined will be any "special measures" which witnesses might require and then a trial date will be set. Your solicitor will handle all of this.

Only the briefest outline of the allegations will be heard by the court. There will be no opportunity to challenge any of the allegations made and no hearing to decide on any matters of fact (that is, the validity or otherwise of the evidence). They are all matters for the trial. The magistrates will not have the opportunity to consider the facts and will have no opportunity to dismiss the allegations at this stage. Only the CPS can discontinue the matter and, as Fred has explained, they must believe they have sufficient evidence to have a realistic chance of a conviction or they would not have authorised the charge against you.