S39 Criminal Justice Act, 1988

[ShastaMiguel]

My friend has recently been charged with assault by beating. The alleged victim was a friend. He says my friend hit him but my friend says that the alleged victim was aggressive towards him in an argument and he merely restrained him in an attempt to defend himself. There are no independent witnesses as far as he knows as this all occurred in the victims house. What should my friend do when he goes to court? He has one previous conviction for a S39 assault three years ago for which he got a fine and he did plead guilty.

[New Judge]

He should plead not guilty. There will be a "case management" hearing (usually on a future date but sometimes on the same day) where he will be asked what the basis of his "not guity" plea is. He should state that it is "self defence" and a trial date will be set.