Will section 20 charges drop to section 39??

[Chez91]

My ex has been charged with section 20 GBH, he's been wrongly charged, it should have been section 39 common assault, will the courts drop the charges to common assault at trial? He's had a hearing today and they haven't done it. They didnt even ask for his side of the story or his plea.

[Buenchico]

The court will need to consider the extent of the injuries. See here (paragraph 13) for a description of the type of injuries which fall under 'Section 39' ('Common Assault'):
http://www.cps.gov.uk..._the_person/#P92_3540

Scroll down to paragraph 46 for examples of 'Section 47' ('ABH') injuries. See paragraph 55 for the type of injuries which fall under 'Section 20' ('GBH').

Chris

[Chez91]

Its defo section 39. i had a black eye and a bust lip.. thats all. but because i had a broken wrist from fallin out of a taxi they assumed he's done that and charged him for that too.. hence section 20. can the courts drop it to 39 at trial?
iv written a letter askin them to throw it out but they cant at a hearin can they?.. could they at the actual trial?

thanks

[fredpuli47]

Is he going to be tried in the Crown Court? It's an automatic alternative in the Crown Court. A defendant can plead guilty to or be found guilty of common assault even though he's only charged on the indictment with s20

[Chez91]

erm its going to be tried in the bingley magistrates court, will my statement and letter that i gave and sent help him, by making the judges throw it out of court, in my statement and letter iv told them the truth which was i hit him loads of times first, he didnt break my wrist and also that he never wanted to hurt me he just wanted to get me out of his face, i really was provoking him and i was actually trying to get a retalliation from him, his careers on the line aswell i need it to be thrown out of court, please anyone help me :/

[New Judge]

In the Magistrates’ court the Bench has no control over what (if any) charges are brought against the defendant. They simply provide a verdict and (in the event of a conviction) an appropriate sentence. So the decision whether your ex is charged with Section 20 or Section 39 lies solely with the CPS.

Similarly the Magistrates have no control over whether the charges are discontinued or not. Once again they simply pass judgements on the evidence put before them. They have no power to have the prosecution discontinued at this early stage.

Your evidence and subsequent statements will only be heard at the trial (assuming he maintains a Not Guilty plea). You should be aware that the CPS now has a policy of continuing to prosecute cases of domestic violence wherever possible, even if the alleged victim withdraws his or her evidence after proceedings have started.

[sandyRoe]

He must have hit you twice to have given you both a black eye and a busted lip. You're well rid of him.

[Chez91]

he did hit me twice but he's still been wrongly charged..
So Newjudge... could the case get thrown out if there isnt enough evidence?

[Chez91]

it has bin dropped to 39, woop woop :)

[squarebear]

Dare I ask why you would be happy that someone who attacked you had been given a more lenient charge?

[Chez91]

read all other things then you will understand ya self!!!!!!!!!!!!!!!!!!!!!!!!!!!!!