as the victim of assualt if i write a letter to the courts asking them to dismiss the case will they?

[Chez91]

basically my ex boyf had a court hearing on the 14th october, now he has a trial on dec 1st at the magistrates court in bingley, the police have took it into their own hands and charged him with section 20, when it should have been 39. basically iv wrote a letter to the courts explaining it was all my fault n i hit him first and provoked him and he never ment to hurt me he just wanted me to leave him alone, he aslo due to go in the army jan16th, i was just wondering if the judge will throw it out or court becasue i the victim have asked him to? please help me :/

[sandyRoe]

I don't know what the judge would say, but being violent should be no bar to a successful career in the army

[Chez91]

how do you mean so basically this wont stop him from going to the army on jan 16th?

[McMouse]

14th October was yesterday???

[McMouse]

Sorry I didn't read your post correctly.

[McMouse]

Why didn't you speak up at the court hearing yesterday?

[B00]

Read the rest of that sentance Mousey...

"now he has a trial on dec 1st at the magistrates court in bingley.."

[Chez91]

i wasnt at the court hearing... wasnt allowed due to bail conditions.
he wasnt able to say owt either cos the prosecutor just sat an spoke, his solicitor couldnt either =/

[ann_h]

If the police are charging him as a public prosecution then no, you can't stop it. The magistrates will take your letter into account possibly. They will also take into account the fact that you actually know what S20 and S39 even are, and that the police decided the incident was worth prosecuting.

[Chez91]

The police have decided to prosecute without actual evidence. i didnt give a statement at first so they didnt get any evidence off me. was just a silly pocket book account or something.. they twisted their words to make me even do that!
The courts have both a letter and statement sayin that dan did NOT break my wrist and this is what they've charged him for. So they bang outta order in my opinion.
The police shouldnt have prosecuted without evidence.. especially with sec20.

[Ghengiskhan]

sorry to hear about your predicament, there's no real help on here im afraid,

The trial will go ahead regardless of what you ask, it all depends on what evidence is available, did your boyfriend admit assaulting you or give any other evidence suggesting something took place?
any photos, 999 recordings, witnesses etc.

Speak to a solicitor who will give you best advise,
on here you will get all sorts giving their opinions judging etc
its a horrible feeling waiting for a trial but you have to be strong,,,,,
Go and speak to a solicitor and yo will be better off.

Whatever happens your partner will be better off if you continue to support him, that doesn't nmean wasting your time asking authorities not to prosecute, speak to a solicitor

[fredpuli47]

Chez, you overstate it, and you're understandably worried, but the police won't prosecute without any evidence. It's the CPS that decides. The police notebook(s) will have formed the basis of formal witness statements from the police officer(s) and those together with any other evidence the CPS have will make the case. If they have decided they have enough, the case goes on.

The CPS go on with cases like this. It's common for the alleged victim to become reluctant but the CPS go on. They have evidence of injuries and some evidence, whether from what the suspect said or otherwise, that he inflicted the injuries. Those call for an explanation. How did they happen unless by assault? They suggest assault.He may, in due course, raise the defence of accident and/ or that he did not cause any or all of the injuries and if he does the prosecution will have to prove beyond reasonable doubt that the defence is wrong, but that's for later at trial.If the CPS are going on, you won't stop that now

[Chez91]

so theres no chance it can be dismissed?

[Mrsab]

not before trial, but maybe on the day (speak to a solicitor)

[Chez91]

what about at a commital hearing?