can a case be thrown out of court at a commital hearing?

[Chez91]

like iv said in my earlier posts, my ex is being done for GBH sec 20... but iv made my statement saying i dont want court proceedings to go ahead and iv also written a letter practically begging them not to prosecute him and throw it out of court.. But he's had a letter sayin he's to attend a commital hearing. Iv looked on the internet and what not and this says that a commital hearing is where magistrate's decide whether or not to send it to Crown court. Is this right?
It also says the magistrate's can 'dismiss' it.. can they at a commital?
I know i'm being a pain but this is all really important to me and i need as much help as poss =/

[Ghengiskhan]

It all depends on what evidence they have, did he give a statement, what other evidence do the police have, 999 recording, medical evidence, photos, other witnesses, prepare your self for a very long ride,

If there is sufficient evidence they will most definitely take it to trial
there its no point knocking on any doors as no one really listens.
Dont waste your time on here, speak to a solicitor explaining the whole case and you should get proper information.

Whatever you do if there's sufficient evidence no one will listen to you and its best speaking to an experienced solicitor who if any good will advice you appropriately

[Chez91]

I didnt let them take any pictures, they have medical evidence that my wrist was broken but they cannot prove dan did that but i can prove he didnt.
they have assumed he did it and charged him =/
I thought about getting a solicitor but as the victim getting a solicitor would only be to help prosecute wouldnt it? i dont want to prosecute so could i get a solicitor to help me stop it in a sense?

[Ghengiskhan]

First thing you have to understand is You cant force the issue, nothing will stop until the case goes to trial,,, be patient, and yes you cant get a Solicitor and it is not advisable to do so, but if you go and speak to one you should get adequate advise,

You will have to wait until the trial and as said earlier it all depends on what your ex has said in interview and if there are and witnesses.
The case will not stop no matter what, so its best accepting that otherwise you will only torment yourself.
regardless of what has been said so far you will be called to give evidence ( if your ex has pleaded not guilty) and as you have posted on here your X head butted you and that's an offense, the thing about your wrist breaking earlier it sounds rather fishy- (please note im not one disputing your version)
best bet speak to a solicitor with all the facts and you will get adequate advise

[Chez91]

Okay.. i think i sorta understand you.. i cant get a solicitor if im wanting to help dan, the trial wont stop if they have enough evidence to continue..?
If they dont have enough evidence to take it to Crown..? what then? can they dismiss the case?

[Ghengiskhan]

evidence is evidence just relax for now, go and speak to a solicitor, you will be advised accordingly, you wont get the right advise here because all facts are not available;e

[Chez91]

iv just seen some of your posts, can i be cheeky and ask did you get your bail conditions dropped? and is your trial magistrates or crown?

[Ghengiskhan]

No i did not get them changed and my trial is in magistrates, its sickening waiting for it, not really sure whats going to happen, i can imagine how you feel, its not easy,,, but slowly slowly the time does go, anyway I've met a few people along the way and have learnt a thing or two, hence my advise to you, keep calm for now and don't try to push anything on your own get advise from an experienced criminal solicitor, the thing about it going to crown court or not will depend on several factors which unfortunately a solicitor is best to advise,,, honestly take my advise and try to accept there's really nothing at this stage that you can do, all that will happen if you demonstrate that you dont support any prosecution is that you will be summoned to attend court if your evidence is required that is, so just be patient and go and get legal advise, it is really difficult that i know,,, hoping and looking for a way out, unfortuantely there isn't a way out once the ball starts rolling, just hope is doesn't go to crown court as that might be very long time before trial,etc, anyway speak to his lawyer perhaps and let them know your views, good luck

[Chez91]

thanks i will do but what about his army career? hes due to go in jan 2011 :/... a case can be thrown out at a commital hearing tho cant it?

[factor-fiction]

Isn't it him that needs a solicitor, not you?

[Chez91]

as far as i kno he has got one, can some one please just tell me if a case can be thrown out at a commital hearing

[fredpuli47]

Chez,.If the CPS decide to go on with the evidence they have, whatever that is, the case will go on.

A committal hearing nowadays is a formality.Nobody makes a submission of that there's not enough evidence for the case to go to Crown Court. The CPS have enough evidence on paper, in the statements they have and which they serve on the defence, to have authorised prosecution and that is enough for the case to go to Crown Court without there being room for a submission by the defence that the defendant be discharged.

The old style of committal hearings, where the witnesses were called to give evidence before the magistrates and their evidence was written down, is obsolete, as is arguing that there's no case shown on the witness statements submitted. Both were rare anyway because there was litle point in exposing weaknesses in the prosecution case then. It only resulted in the prosecution rectifying the defects before the case got to Crown Court. It was rare indeed for the case to be 'thrown out' and, anyway, that decision wasn't an acquittal. The prosecution could always get further or better evidence and try again, at least in theory.

[Chez91]

but thy have no evidence thats the whole point lol

[bednobs]

i don't see how you can prove he didn't do it - you don't know yourself do you? You are assuming you did it falling out of a taxi, but then decied to carry on partying with a broken wrist (which just sounds like you are protecting him) plus by your own account he DID assault you on several occasions

[Chez91]

theres pictures on facebook were my wrist is swolen before we even started argueing... cant you see that he only wanted me to leave him alone and he never wanted to hurt me he just wanted me out of his face... What The Funicular is wrong with you people... at the end of the day if i left him alone and didnt hit him first this wouldnt of happened !!!

[fredpuli47]

You asked whether the case can be thrown out. No,it can't,in short.

There IS evidence. Why the funicular, to use your language, do you think he's been charged and is now in court? That the evidence on the papers is wrong or explained away or might be, by evidence that you or your ex may give, is completely irrelevant at this stage.That's what we have trials for.. You and he will have your chance then, when there's a trial.

You don't like that? Well, tough. If you want to change the legal system that we've had for a long time, fine, but for now, and for this case, you'll have to put up with it.

[poodicat]

Sorry chez the days of reporting violence, and changing ones mind is long gone,police have to pursue it thru the courts

[Sean178]

There is no reason to hit a women in any cirumstance. The fact your still with him bewilders me.

[Chez91]

i know that lol hes gt a commital hearing but its guna get dismissed from there, trust me i kno this now, hes guna be sound asa pound... n sean you know nothing about him or what happened that night, at the end of the day why didnt i get done for hitting him? he tried walking away so it was my fault!!!!