ABH Charge?

[kliro]

Hi,

Feeling terrible today, drank too much last night and ended up being involved in an 'incident' I don't remember too much about it but I really don't think I hit the person, though others did, and when the police arrived I was standing over the man shouting at him so I was promptly arrested. This morning I was interviewed, but was not given a great amount of detail about the case - I don't actually know if I have been accused of hitting the man at all. I was shown a picture of his injuries which consist of a bloody nose (not sure if broken) but no apparent bruises.

I was given a sheet with the details of the interview tape which says it relates to an 'Alleged assault occasioning actual bodily harm' and have been asked to 'surrender' to the police station next month.

Does anyone know what the outcome of this might be, and if the police will actually pursue the charge if the accuser drops it? I'm worried to death about being charged as it would completely hinder my job chances.

As a sidenote, I have never been charged with any other offences and am generally a decent person.

Thanks

[paraffin]

Hi kliro: (2 Parts)
Part1:

You will have been Bailed for a month whilst the Police make further enquiries, gather information and evidence.

On your return to the Police Station you will be informed of the outcome, i.e whether or not you are to be charged with any offence, or not.

The "sheet" has to show why someone was interviewed, hence the reason it mentions the allegation of Assault ABH. It may turn out that the guy's injuries are not serious, but please don't quote me on that! If not serious, it's likely that we could be talking about "Common Assault" which is a lesser offence than ABH.

I know it's easy for me to say "don't panic", but please try not to. It's still early days. Was anyone else arrested, or just you?
Although in Law drunkenness is not a defence, it's not beyond the realms of credibility for Courts to acknowledge that a defendant with a previous unblemished record was acting out of character because of the alcohol.

End of Part 1.

[CrAcKaClOwN]

Kliro,the police dont usually arrest people for abh for just shouting...............

new note to self for you....................

Dont drink so much your memory fails you...............

[paraffin]

Part 2:

I understand how you would have felt. You were entitled to 8 hours between being processed at the nick and the interview. Hopefully you got at least 8 hours?
You should have been offered free legal advice, i.e. the presence of a solicitor. Were you?
For future reference, if you are re-interviewed in a month, it's possible, do not try to give answers where you genuinely cannot remember. Just say so.

Now, the not so wonderful news:
1. Your DNA will remain on record for at least 5 or 6 years.
2. If charged with ABH, the maximum sentence at Magistrates Court is 6 months or a fine. (A fine's more likely for a first offence.)
3. If convicted of ABH at Crown Court, max. is 5 years.
4. Common Assault has one or two things which can be added to it, i.e. racially aggravated, but would generally be tried at Magistrates Court and could also carry 6 months or a fine on conviction.
5. If you are re-interviewed next month, take advantage of having free legal advice.

Good luck.

[CrAcKaClOwN]

paraffin
Thurs 25/06/09
19:25

Good luck

Would you have said the same thing if it was your son,dad,brother,grandads face that he'd smashed open?

[sara3]

I never expected to say this, but I agree with the clown!

[CrAcKaClOwN]

I never expected to say this, but I agree with the clown!

Most women do once i show them what i can do with my glowing red nose.

[sara3]

don't flatter yourself, I have hayfever and my nose is glowing, too ;o)

[kliro]

Hi

Thanks ever so much for the replies. I was not the only one arrested - my friend was also. We both wrote letters of apology to the other party as I feel absolutely disgusted that I was even in such a situation. I spoke to the officer dealing with the case today who informed me that I did not in fact take part in the assault but that I was shouting threateningly at the other party when the police arrived. She seems to think that it would be unlikely that I would be charged with common assault, but that I may be with offence against the public order.
The officer is struggling to contact the other party - we think this might be because he struck first and therefore doesn't want anything else to do with the matter - as well as his injuries being minor (refused hospital treatment)

So it seems like the outcome may be a caution or fine (�80) how likely is either of these in the conditions - and how likely is it that CPS will decide not to pursue the matter?

Thanks again.

[kliro]

ps

Yes clown, this whole incident has made me thouroughly reconsider my approach to alcohol.

[kliro]

pps - no I wasn't given a full 8 hours, I was arrested at 2.15am and interviewed at approximately 9.30am though I was offered a solicitor but declined as I was adamant at this point that I had not actually struck anyone (which I hadn't)

[paraffin]

Hi again kliro:

Having seen your update, it seems as though it will all hinge on whether or not there ends up being a "victim" in all of this. You say that the Police cannot contact the other party? That's not bad news, for you. It is possible that it may all be dropped.

However, it may well be that the opposite view is taken where it's deemed to be "in the public interest" to bring prosecutions, because, like it or lump it, it appears as though you were guilty of some kind of Public Order offence (there are many).

You mention "a caution or a fine". All I would say to you is this: A caution requires and admission of guilt. But you say you cannot remember what you did, therefore, technically, you couldn't admit guilt. However, that's a matter for you.

The worst scenario is either a caution or a charge, either of which would leave you with a criminal record.

[kliro]

As an update:

I spoke to the officer dealing wth the case recently, they have seen the cps but want to see the letter of apology before making their decision. I have been told that I will likely 'get off' with a caution.

What happens if I don't accept the caution? As I don't actually remember the event in its entirity am I even able to accept the caution?

what are the implications of receiving a caution? Do I have to disclose it on all job applications? Will it�prevent me from getting visas for any countries? Is it permanently on my record?

Thanks in advance.