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Affray
Two lads turned up and my house asking for my partner, I told them to go away they didn’t. So my partner jumped out of the window with a baseball bat and chased the two lads, one of the lads slipped and fell my partner swung with the bat (not sure if it connected) but the lad dropped his phone and my partner smashed it up with the bat in front of them. Police arrived and my partner was running after the two lads with the bat still.
My partner has had to go in to police station for a voluntary interview and made a formal statement.
He then had a phone call two days ago saying he’s being charged with affray.
Don’t no if there is any more charges or not. This incident was all on CCTV And captures everything.
Is this a definite jail sentence? I don’t see how it’s fair as the two lads came to my door.
My partner has had to go in to police station for a voluntary interview and made a formal statement.
He then had a phone call two days ago saying he’s being charged with affray.
Don’t no if there is any more charges or not. This incident was all on CCTV And captures everything.
Is this a definite jail sentence? I don’t see how it’s fair as the two lads came to my door.
Answers
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Affray is a serious offence which carries a maximum sentence of three years' custody.
From your description it seems possible that your partner may avoid a custodial sentence. I won't go into the sentencing guidelines because the sentence handed down will depend entirely on the precise circumstances of the event. But it seems it may fall into the category where a Community Order is appropriate.
Your suggestion that it is "unfair" doesn't hold much water. Once the immediate threat to you and your partner had ended (i.e. when he had chased them of the premises) that was as much as he should have done. To continue to chase them armed with a baseball bat, smashing a phone with it and making threats is simply not lawful.
If your partner is prosecuted he will be entitled to consult the duty solicitor on his first court appearance.
From your description it seems possible that your partner may avoid a custodial sentence. I won't go into the sentencing guidelines because the sentence handed down will depend entirely on the precise circumstances of the event. But it seems it may fall into the category where a Community Order is appropriate.
Your suggestion that it is "unfair" doesn't hold much water. Once the immediate threat to you and your partner had ended (i.e. when he had chased them of the premises) that was as much as he should have done. To continue to chase them armed with a baseball bat, smashing a phone with it and making threats is simply not lawful.
If your partner is prosecuted he will be entitled to consult the duty solicitor on his first court appearance.
//My partner is on a suspended sentence already...//
Ah, that's different.
There is a general expectation (not always followed, I know) that suspended sentences will be activated if the offender commits another offence. This is especially so if the later offence is of a similar nature to the one which attracted the suspended sentence. Defendants are warned of this at the time of sentencing.
Committing an offence when the defendant has a history of violence and whilst on a suspended sentence considerably aggravates it. I think your partner needs to prepare for the worst. That said, stranger things have happened.
Ah, that's different.
There is a general expectation (not always followed, I know) that suspended sentences will be activated if the offender commits another offence. This is especially so if the later offence is of a similar nature to the one which attracted the suspended sentence. Defendants are warned of this at the time of sentencing.
Committing an offence when the defendant has a history of violence and whilst on a suspended sentence considerably aggravates it. I think your partner needs to prepare for the worst. That said, stranger things have happened.
-- answer removed --
No they just said where’s he at I want him, then they moved backwards when they seen my fella jump out of the window with the bat. They was running around the street slipping falling everywhere my partner swung the bat a couple of times all on cctv.
When the police arrived they room the bat of my partner but didn’t arrest him there and then
When the police arrived they room the bat of my partner but didn’t arrest him there and then
"This has nothing to do with 2015?"
In your 2015 question, you explained that your partner and a pal were at a football match. Another man was trying to elbow your partner in the face and generally winding him up.
This other man was then knocked unconscious by your partner's pal and your partner then punched the unconscious man in the face five times before running off.
Perhaps you can understand PRUDIE asking about your 2015 question?
Does your partner have a reason for having a baseball bat in the house?
In your 2015 question, you explained that your partner and a pal were at a football match. Another man was trying to elbow your partner in the face and generally winding him up.
This other man was then knocked unconscious by your partner's pal and your partner then punched the unconscious man in the face five times before running off.
Perhaps you can understand PRUDIE asking about your 2015 question?
Does your partner have a reason for having a baseball bat in the house?
My advice would be to leave your partner who is clearly a criminal with a strong disposition towards violence.
I understand this is not advice you want, or probably accept, but the nature of asking for advice means that you don't always get the advice you think you want, but it may still be the advice you need.
I understand this is not advice you want, or probably accept, but the nature of asking for advice means that you don't always get the advice you think you want, but it may still be the advice you need.
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