Boyfriend On Remand

[1991sw]

Hi my boyfriend went to a man's house for a drink there was 2 other men who are drug and alcohol users past convictions and charges my boyfriend only had a drink no drugs he has no previous convictions only 1 charge which was battery. So what I heard there was an argument not sure who started it he got hit round the head with a weapon from behind and knocked unconscious causing 2 lacerations above his eye 2 black eyes and his nosed pushed to the sidehe does not know who did it then as he was waking up somebody was on top of him so in self defence my boyfreind lashed out but that man was sent to hospital with facial injuries and had to have facial surgery. But my boyfriend was arrested there and then while he was still dazed and dizzy from the attack. He was sent in remand two days later and charged him with section 18 but the victim and the other man have robbed and attacked people before and they are known to the police my boyfriend got refused bail at magistrates then again on his plea hearing which is so unfair he should not be on remand as he was attacked with a weapon is it possible he could get judge in chambers before his trial date which his trial is the 1st December 2016 also the witness who was there has dropped his statement

[Mamyalynne]

Eddie, however you feel read the header at the top of this section......


//Please refrain from being rude, abusive or judgemental - members come here for advice, not judgement! Members who offer only moral judgement will be suspended.//

[Orderlimit]

1991sw, if it helps here is a copy of the application form to apply to the courts to change Legal Aid funded solicitor. Shows what is required etc

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/october-2015/rep001-eng.pdf

[1991sw]

Thank you orderlimit his solicitor her boss and barrister are going to see him in prison tommorow morning to discuss the case. I have also been told the police said the witnesses statements do not match the witnesses never mentioned them attacking my bf they only said he kicked out and caused someone's mug to cause two lacerations on the sides of their mouth like a Chelsea grin but my bf did not intend to cause that as he kicked out once unlucky the victim was over him as he was feeling in his pockets whilst on the floor unconscious then as he woke up he panicked and kicked out didn't know what he had done he did not know that person was drinking out of a mug. I feel so sorry for my bf as I heard there was 3-4 people ganging up on my bf and he gets hit unprovoked he could of died then wakes up defending himself for all he knew he must of thought they were going to do it again to him. So did he use reasonable force or took it too far? Even though that victim had to have facial surgery? he was on the floor helpless and did not mean to cause the injury.

[EDDIE51]

Let us know what happens.
By the way what is a Chelsea grin? You keep using the expression but I have never heard it.

[Toorak]

http://www.urbandictionary.com/define.php?term=Chelsea%20Grin

[1991sw]

if you look at the pictures on Google it will show u two slits either side of someone's mouth it says it's torture but my boyfreind was not torturing the victim he was holding a cup to his mouth drinking out of it whilst on top of my boyfreind who was knocked unconscious face down on the floor so in reaction he kicked out and did knocked that petsons arm and the cup slammed hard into the vicitms mouth and caused the slits each side of his mouth and knocked a few teeth out my bf feared for his life after he had just been hit with a blunt object so of course he is going to react that way it was a reasonable defence as there wee 3-4 people robbing his stuff out of his pockets whilst he was on the floor knocked unconscious so did he do the right thing kicking out but did not know he caused the cup to knock into that person's mouth? I'm glad witness statements don't match as it's proof they are hiding the fact it's their own fault for attacking my bf first

[Peter Pedant]

// is it possible he could get judge in chambers before his trial date which his trial is the 1st December 2016 //

assuming that you are still thinking bout getting him bail

an application in chambers is pretty uncommon altho I think you were subject to one and got bail

I re read a chapter on the Bail Act with you in mind

two goes is basically your lot ( or his lot ). There are now rules against remand hearings where the defendant repeats an argument that failed last time and the time before. as I have commented along with a few others that he will have been given reasons for bail being refused. (" your brief is crop." is NOT going to be a reason).

if conditions change then an application to a judge in chamber is appropriate ( which happened to you I think ) other wise you / he / they can apply for a high court judicial review ( very expensive ).

You have also given us a lot of detail of the alleged offence. Basically you are asking us on the facts you have stated why they havent given up and released him.I think most of us think from what you have said that there is a case for him to answer .

[1991sw]

He was put on remand because he did not make a statement as he could not remember as he was drunk and knocked unconscious with a metal bar till the barrister said he will have to wait untill his trial date but before his trial will be a pretty trial review

[Answerprancer]

You've got a lot of people thinking and working for you here for free and are showing little gratitude for this advice, even insulting people along the way. Talk about 'sense of entitlement' ....even for a 25 year old.

I know you're desperate but I'm guessing you are just tapping this place and will *** off forever after you've got what you want out of it.
I hope not. Some of the people here may have advised you from the point of view of having had similar experiences.

[Mamyalynne]

AP, advice - Leave it.

[1991sw]

Can I have advice please not critism thanks

[Mamyalynne]

With respect 1991sw, you've had excellent advice from some very knowledgeable people who know the law and how it works and even those who work in it day to day.

I do hope everything gets sorted out and you can soon get back to a happy life together.

Good luck with it all.

[Answerprancer]

Of course you can 1991 but please don't just forget this place and go.

[Answerprancer]

...people who have gone through bad experiences and survived are potential good contributors afaic.

[mastercraft]

So much time and effort wasted.

[Answerprancer]

Possibly not MC

[1991sw]

I'm sorry I've explained my bf was attacked first ganged up on AMD mugged then he kicks out once accidentally caused an injury them he gots locked up on remand for 7 weeks? I went to visit him Tuesday and he looked awful and upset when I left if people in here were a jury what would you think about this case because I think it's a waste of taxpayers money

[1991sw]

Also may I ask if he provides a statement will it be a change in circumstance do his application for bail?