News3 mins ago
Retracting A Police Statement
I had a drunken argument with my girlfriend I ended up getting cuts to my forearm which had sterio strips I had minor cut on my head. the nite it happened I gave a statement saying she glassed my arm and head.she has been charged with s18. but looking back now I could have been mistaken I had a lot of wine and I think she throw the wine and I blocked it with my arm and got caught my head ithink I banged falling about. I have told the oic I want to withdraw my statement he was on leave now hes sayin theres no rush. pls advise
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You can not retract a statement once it has been made, even though you keep hearing people say they have done so. What you can do is to make a second statement explaining what was wrong with the first statement and why you made it. The first statement can not be 'unmade' it remains available to a court if it is asked for.
S18 is GBH with intent. It is a VERY serious charge and is always a prison sentence. What you describe can not be GBH unless she DID attack you with a glass and that she was intending to use the glass as a weapon.
You made a statement that 'she glassed my arm' that is what has triggered a S18 charge.
If you now make a second statement saying that you were drunk when you made the first statement and now realise you may have been mistaken I can not see how an S18 could be proved so the case could be dropped of reduced to ABH or common assault.
You made a statement that 'she glassed my arm' that is what has triggered a S18 charge.
If you now make a second statement saying that you were drunk when you made the first statement and now realise you may have been mistaken I can not see how an S18 could be proved so the case could be dropped of reduced to ABH or common assault.
As I said you can not withdraw a statement once you have made it.
(That is to make it as though you had never made a statement in the first place.)
You can of course make a second statement and say that you now realise that the first statement was wrong and you now want to give a correct version. But the first statement will not be destroyed, it remains part of the evidence and can be used in court by either the prosecution or the defence. ALL statements will be read by the judge or magistrates.
In domestic violence cases it is so common (almost normal) for a victim or assailant to 'withdraw' a statement that all statements will be used by the prosecution. The CPS have a policy of proceeding with domestic violence cases even if statements are 'withdrawn' as long as there is other evidence , for example police ,doctors, hospital reports of the incident and injuries. So even if you 'withdraw' your original statement the case may proceed on the evidence of the cuts to your arm which will have been recorded by the doctors and hospital and the police report of the incident.
(That is to make it as though you had never made a statement in the first place.)
You can of course make a second statement and say that you now realise that the first statement was wrong and you now want to give a correct version. But the first statement will not be destroyed, it remains part of the evidence and can be used in court by either the prosecution or the defence. ALL statements will be read by the judge or magistrates.
In domestic violence cases it is so common (almost normal) for a victim or assailant to 'withdraw' a statement that all statements will be used by the prosecution. The CPS have a policy of proceeding with domestic violence cases even if statements are 'withdrawn' as long as there is other evidence , for example police ,doctors, hospital reports of the incident and injuries. So even if you 'withdraw' your original statement the case may proceed on the evidence of the cuts to your arm which will have been recorded by the doctors and hospital and the police report of the incident.
All you can do is to make the second statement and explain why it is accurate than the first one. You will probably be asked to attend court and give your evidence in person, in which case you need to explain to the court why the second statement is more accurate than the first one, and be prepared to be cross examined on your statements. It is all down to the judge on the day. S18 has to be tried in a crown court before a judge and jury. In still think this may be dropped to a lower charge, ABH or common assault but that is based only on hearing your side of the story we do not know the other side of it.
S20 is GBH without intent. It is still a serious charge but less serious than S18. I do not know the full story so I do not know what to advise . But if she accepted that she was guilty and decided to plead guilty the sentence would be reduced by 1/3rd. S20 is not an automatic prison sentence so a guilty plea to S20 would mean she was VERY unlikely to go to prison.
What I have struggling to understand is why S18 was charged in the first place. A few cuts that needed sterio strips does not look like a GBH injury to me. More like ABH . I can only assume that it was your statement that a glass was used as a weapon that resulted in the S18.
Does your GF have a solicitor? if not I would get one fast! as I said a S18 is always a prison sentence you do not want to take the risk of her being found guilty to that!
What I have struggling to understand is why S18 was charged in the first place. A few cuts that needed sterio strips does not look like a GBH injury to me. More like ABH . I can only assume that it was your statement that a glass was used as a weapon that resulted in the S18.
Does your GF have a solicitor? if not I would get one fast! as I said a S18 is always a prison sentence you do not want to take the risk of her being found guilty to that!
So now, the ex GF who was on the phone has given a statement that she overheard you saying that you had been 'glassed' on the head and arm and asked her to call an ambulance?
Previously you also made a statement saying you had been 'glassed'?
That would explain why a S18 charge was made. Your ex GF has confirmed the statement you want to withdraw.
If that is the case then as I said last night your girlfriend needs a solicitor urgently. You mention 'they are trying to drop to S20', that to me sounds like the police are prepared to drop the case to S20 in return guilty plea.
She really does need a solicitors advice on this.
As I said if she does decide to plead guilty to S20 it is almost certain that she will get a non custodial sentence (community service or similar)
Only a solicitor can see the police evidence and advise your GF to either fight the case or plead guilty.
Previously you also made a statement saying you had been 'glassed'?
That would explain why a S18 charge was made. Your ex GF has confirmed the statement you want to withdraw.
If that is the case then as I said last night your girlfriend needs a solicitor urgently. You mention 'they are trying to drop to S20', that to me sounds like the police are prepared to drop the case to S20 in return guilty plea.
She really does need a solicitors advice on this.
As I said if she does decide to plead guilty to S20 it is almost certain that she will get a non custodial sentence (community service or similar)
Only a solicitor can see the police evidence and advise your GF to either fight the case or plead guilty.
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