Legal Advice

[Kayy]

last week me and my boyfriend had an argument in which I took a step too far by telling police he had hit me, he pleaded not guilty ( as he isn't guilty) trial has been set for 2 weeks time, I am due to give a recorded statement in the next few days to amend my statement, as a trial date has been set can this be thrown out before hand? or will the trial still go ahead? I know what I did was stupid and unforgiveable please I need sensible answers so I know what could and will happen. thanks

[EDDIE51]

The interview will be so that the court can make a better decision about if you are telling the truth about the assult. It is very easy to just write down that it was your fault but the interview will give the court a chance to actually hear you speak. That will make it a lot easier for them to decide if you are telling the truth this time. You have to remember that the court will have 2 stories , the first one where you say he hit you and the second one where you say he didn't hit you.
The recording is the only way they can decide which version is the correct one.
Don't worry it is VERY unlikedly that you will get into trouble over this, they understand what you are going through. But they do need to get to the truth.

[EDDIE51]

Even if your BF goes to jail it is NOT the end of the world.
He is very unlikedly to get more than 6 months, and he will only serve half of that which drops it to 3 months. Then time on remand is taken off the prison time as well so that drops it further. He will also get the last month as early release 'on tag' so all in all he is not going to be away for much over a month if that.

[Kayy]

would I need a solicitor? and he pleaded not guilty so if he is found guilty he will have to serve the full sentence wont he? my first statement was just a written one

[EDDIE51]

get a solicitor.
Any sentence of 4 years or under gets an automatic release at the half way point, this applies even if the person was found guilty after pleading not guilty.
Where you are getting confused is with the automatic 1/3rd reduction in sentence for a guilty plea at the first oppertunity,this is in addition to the 1/2 way release not in place of it. If your BF changes his plea to guilty he will still get a reduction but less than 1/3rd.

[Kayy]

as far as im aware hes keeping it at not guilty so if he gets 6 months what is he likely to serve? will this still definitely go to trial with my recorded statement?

[EDDIE51]

We can not say if it will go to trial, that is for the CPS alone to decide.
My guess is that it will go to trial , as the accused (your BF ) is already in custody on remand. It would be very odd if the trial did not go ahead once the accused was on remand. If it goes ahead then your 2 statements and the recording will be read / played in court.

[Kayy]

he is on remand as he didn't ask for bail, what is the likelihood that I will be charged? will be my first offence? but because he has bee held in prison and going to trial this makes it worse?

[EdgeofDarkness]

Kayy, if the interview is to be under caution then you're entitle to a solicitor free of charge. If you don't have a solicitor, then the police are obliged to provide one. This could be a way for the police/CPS to try to focus you on what exactly is the truth.

[EDDIE51]

Kayy as i said it important to get a solicitor to go with you when you go to give the statement. As edge of darkness has said this interview will be 'under caution' so the police have to get a solicitor for you if you ask. Be firm and insist on having a solicitor with you before you say anything.
You are not going to get charged yourself so don't worry.
Your BF will serve 1/2 of whatever sentence he gets , plus the time he has spent on remand will be deducted from the sentence as well. In addition to that he will almost certainly be allowed to serve the last month of his sentence free 'on tag' at home. This means he will be free but he will have a 'tag' attatched to his ankle. The tag looks like a watch without a clockface. It means he is on what is called 'home detention curfew' he has to stay home between certain hours that will be set by the prison before release.The tag has a radio that allows the police or the monitoring company to check where he is.

[Kayy]

I went today and had a solicitor who advised say nothing as they said I would have been charged and looking at a longer sentence than my bf is.he said when I give evidence just simply reply I dont remember to everything. What do people think is likely to happen? I never did the interview as advised by solicitor

[boxtops]

I don't understand that advice - I hope someone who does, can give you an answer. So you've not been asked to retract your statement, just to say nothing?

[Kayy]

They have on record that I said over the phone I lied but solicitor said do not do a recorded statement. Iv done a statement to say I dont want charges presses and a statement to say I do jot want him to go prison. As they said his solicitor will see I said overbthe phone . apparently if I answer I dont remember that should give them doubts to him being guilty? AllI know Iis he said il be looking at a long tkme inside and they may not even believed I lued in the first place but that I am lying nowto get him off. Thrybtold me to stay quiet as we would both end uo in prison and I need to concentrate on our daughter. I have alsonheard there is a new law that they dont cut the sentence to half anymore? I know iv done wrong but there is nothing I can do now :(

[Kayy]

Would people writing him a character reference help at all?and what stuff should it say?

[Kayy]

Please help. I need ways in which his solicitor could prove the reasonable date. What should I say on the stand? Just that I dont remember? Anything? I know iv done wrong but I do not want to gonto prison.

[EDDIE51]

You have lost me now, 'prove the reasonable date?' what date?
Or do you mean reasonable dought? You can't 'prove' dought.

[Kayy]

sorry meant doubt or whatever it is they have to prove? what will happen if when asked to give evidence I either don't go or I say I don't remember to all there questions?

[EDDIE51]

If you do not attend court once you have been told you have to , the court can have you arrested and taken to court.
If you refuse to speak at court, the court may decide to treat you as a 'hostile witness' this means that they think you are so scared of your boyfriend that you dare not speak.
You need to attend court and tell the whole truth.
Remember you will be 'on oath' to tell
' The truth, The whole truth and nothing but the truth'.
Not telling the truth under oath is a very serious offence , it is called contempt of court which can carry a prison sentence.
I am baffled by your solicitors advice to say you do not remember, which is actually telling you to lie under oath.
( unless of course your solicitor knows more than we have been told here?)

[Kayy]

he knows that I lied in my original statement but he said its better that I let it go ahead as max my boyfriend will get is 6 months and then they may not give him that long, but that I would be ling at longer and the possibility of him going down anyway, I didn't understand everything he said, he said that iv they see me as a hostile witness I am not saying he didn't do it but I am not saying he did it and im not saying that I lied :/ he said then my boyfriends solicitor could say well if I cant remember that it happened then she could argue that it didn't actually happen? could I turn up and tell them I do not wish to give evidence against him?

[EDDIE51]

I am getting more confused, who said he is will get 6 months max?
He has been held in custody on remand for 2 months now, that does not seem consistant with only getting 6 months as the full sentence.
What actual charge is he on? I mean the offence code for example ABH or GBH if GBH is it S20 or S18?
In your original statement ( not worried for this if you lied or not) you say he hit you and caused a bruise, now that seems to be common assult or ABH . Yet you go on to say he has been on remand for almost 2 months. I am astounded that if the charge is just ABH he has been held so long.
What actual charge is he on? This is vital information if we are too help you any more.