Out On Bail For Gbh But Didnt Actually Hit Anyone My Friend Did

[Nems922]

Hi there, Basically me and my friend got into a little scuffle the other night with a drunken guy who was started on people, bare in mind the police told us that there were 3 seperate phonecalls for this guy previously, during the whole time there was cctv and they saw that me personally did not hit him or touch him but was infact trying to help him, even witnesses stated the same thing, while in the station my solicitor said it shouldnt be serious because me personally didnt do no harm to the guy, where as my friend kicked him in the head when he was down, at the time i was trying to stop my friend from doing that and was trying to help the guy, even as the police arrived they saw wwe was trying to help him, they let me out on bail for gbh and i have to go down to the local police station ina month time,what is this for and is it serious for me? and also bare in mind i have no previous convictions or run in with the law, they told me at the station its just till they can do further investigations ? what should i expect ?

[shoota]

If the investigation bears out your side of the story then it is unlikely you will be proceeded against for any assault.
There is a chance you may be proceeded against for affray or a public order offence.
You should return on your bail date unless you receive written instructions from the Police not to and if they indicate that you will be charged with anything, take a solicitor with you.

[Nems922]

how serious is an affrar or a pubic order offence? and also how long roughly will i have to be at the station? just till that day?

[shoota]

Affray and lesser public order offences basically cover drunken brawls such as this appears to be.
If your actions were as you describe and can be proved to be so by the investigation then it is not likely that you will be proceeded against. If you were involved in a ''little scuffle'' then a less serious offence may be proven and proceeded with if the CPS decide it is in the public interest to do so.
http://en.wikipedia.org/wiki/Affray
A return to station on bail should take no more than 3 hours even if you are to be interviewed and charged. This is why you should take solicitor with as waiting for one to arrive can extend the time substantially.

[shoota]

Any offence you may be liable for will be detailed here:
http://www.cps.gov.uk/legal/p_to_r/public_order_offences/
as long as you didn't actually assault him or were complicit in assaulting him as you have said.

[Nems922]

yeah there was even cctv proved that i was trying to help the guy, even the detective who seen it said so, also my solicitor said the same, my detective said if she could make the choice then she would do a no further action but because my friend refused to talk to them i have to be on bail till a decision is made for him, its just ive never been in trouble with the police so im a little worried, also is this normal? like because everything was okay on my behalf just no my friends is this how it usually goes, i dont wanna get charged for nothing and my proof is basically witnesses and the cctv

[shoota]

If an offence needs full investigation then it is customary to keep all potential suspects on bail until the full facts are established. Those facts re then presented to the CPS who will decide who is to be charged and with what.
If what you say is correct then NFA does seem a likely outcome for you.
It would help if you got the names and addresses of any helpful witnesses for yourself just in case the decision does not go in your favour and you do have to make a defence.

[Nems922]

Thank you so much for your help, its much appreciated but one more question my bail is for 4 weeks is there a possibility that it will be cut short or is it a necessity ? and I have not got the names of the witnesses or anything because as all that happened the police arrived as we was trying to help the guy we tlked to them and explained what happened before they detained us.

[Buenchico]

It's not unknown for the police to advise someone that their investigation have been concluded, with a 'No further action' decision reached, and that they won't need to answer bail. However it's far more common for them to wait until the person answers bail before telling them it's 'NFA'. (So don't worry too much if you here nothing before you're due to attend the police station).

It's also worth noting that many people answer bail and then (because the police haven't concluded their investigations) are simply re-bailed. Some people have to go through that process several times before they reach either the 'NFA' or charging stage of proceedings.

[shoota]

If the investigation determines that you are blameless early on then you may have your bail cancelled before the 4 weeks is up. Don't rely on a phone call if you are told you do not have to return, get it in print, a letter or email at least.
In my experience it is more likely that bail would be extended if there is to be a full investigation (ie serious head injury.) Again, do not ignore your bail date unless you have written proof that it has been changed as you then commit the offence of failing to answer bail which may see you arrested regardless of whether you are innocent of any assault/affray charge.

[Peter Pedant]

.

I would rather be you than be your friend...who sounds in more trouble.

There isnt much for you to do whilst out on bail
and you must answer the bail on the day

if they say you neednt answer the bail, make sure you get a letter saying so, (in case things go wrong ) otherwise turn up

and yes you can be bailed again....

One of tenants has been out on bail for four years but that does include one mis-trial. - case relisted for Jan 2015.

and the next time you see a fight - for Gods sake walk on by .....

[EDDIE51]

What are the injuries to the guy who was kicked in the head? That is what determines the charge . As you have been told it is normal for everyone involved in a fight to be bailed while investigations continue. If it is as you say then once all the investigations are complete you should be cleared. Your friend on the other hand could be in serious trouble, kicking someone in the head while they were already on the ground from the fight could well be GBH section 18 which is always a prison sentence!