Can The Police Send U To Court Without Being Arrested

[kitten1980]

My husband has got to go to court but the police never charged him or arrest him.

[nailit]

// I would explain the full story but be here all night//
A brief outline would help though.

[Peter Pedant]

// The problem with this is that we don't know just what he got through the post//

fooda post

please make it clear ....

[nailit]

//"I really hope when he goes to court it will be a warning"

Dream on.//

Why jack? Certainly not a 'warning' from a court, but certainly not anything as serious as custody for a first offence of this kind.

[EDDIE51]

Kitten when you have been to the solicitor let us know what the charge is , if indeed he has been charged. We will be able to help a lot more with the correct information.

[kitten1980]

thanks both and how does that jack now what he will get for his first offence

[douglas9401]

Maybe that's a job for the solicitor Eddie, otherwise why bother turning up?

[nailit]

Both?? lots of people replied here kitten!
Neither Jack or anyone else here knows what the outcome will be but (given enough info) we can have a calculated guess.

[kitten1980]

nailit i think my husband has got a brief letter on his email i think that will tell u what was charged on there. I have a quick look

[nailit]

//think my husband has got a brief letter on his email//
Lost me now, but go on then. Might help!

[kitten1980]

the solicitor sent us this and this was from the letter we had through the post. Yes he was charged with Possession of Offensive Weapon and Threatening Behaviour

[nailit]

No mention of affray?

[kitten1980]

no what is that

[nailit]

From personal experience, offensive weapon *and* threatening to use it constitutes affray. Your husband hasn't been charged with that. All good.
First offence as well?
Don't know what the outcome will be at mags court (depends upon the mags) But highly doubtful of anything serious. Certainly not prison.

[kitten1980]

thanks nailit and they said could be suspended as well

[nailit]

Doubt it will even be a suspended!
more like probation etc

[EDDIE51]

nalit , I may be wrong but I thought affray had to be more than one person . It could be just having a weapon a hammer for instance and threatening to hit someone with it. Does not seem like knife crime as that is a more serious offence not a magistrates court offence.

[nailit]

//I may be wrong but I thought affray had to be more than one person//
No EDDIE, I have twice been convicted of affray (just me, myself, and I) ;-)

[EDDIE51]

A suspended sentence is only possible for a sentence of 2 years or less. But a magistrates court can only sentence to 6 months maximum. I agree that this does not look like even a suspended sentence. Community service more like. (unpaid work)

[kitten1980]

so no prison for him which im glad something like a community service or what about a tag. And im sure they said something about a probabation officer being there as well not 100%sure

[nailit]

EDDIE, its my understanding that mags can sentence you up to *12* month imprisonment if its for 2 offences? (6 month each)