Common Assault Beating

[Seeker14]

I was arrested by the police for putting a tiny fingernail cut on my husband 's face when I was trying to grab his phone while he was calling the police over our argument. Our argument started with our badly behaved 8 year old who argues with me all the time and that my husband never addresses his bad attitude and behaviour. Instead, he removed him from the room and from me, which I believed further our son's confidence in argue with me. I said no to legal aid when I was in custody for 5 hours as I didn't see myself committed a crime or offence. I admitted the finger nail cut was from grabing the phone. The police offered me a simple caution of beating my husband which I accepted after a period of dispute over it. After that day i couldn't sleep thinking about being labelled as violence and also it's result on future employment. From reading the information from the Ministry of Justice about simple cautions for adult offenders. I have the information and decided to make a complaint to the police for the caution is unreasonable and unlawful and wished for it to be revoked. My complaint was not picked up seriously as far as I am concern. I then wrote an email to our local MP to ask him for help. As MP is forbiden from getting involved in criminal legal issues he passed my email to the our local police and crime commissioner. So that my appeal is going through the right channels and get it looked at ASAP. Soon afterwards, I was contacted by an inspector regarding my complaint who said he was going to look at my case. I had also emailed him the ant relevant extract from the ministry of justice about simple cautions to support my complaint. After 22 days later, that inspector contacted me saying the caution is the right action but because the sergeant who administered it didn't offer me legal aid at the time of administering it. He is able to set the caution aside and to re- administer it in a local police station and offer me legal advice. Amid this reinvestigation, my husband sent an email to that inspector saying he didn't wish me to be cautioned or prosecuted for that is a minor injury and it was nit intended. I refused the re-offered caution. Another 20 days later, I received a letter from the police Professional Standards Department on behalf of the inspector who investegated my case, which basically saying my complaint is settled with the custod sergeant who denied my legal right was advised of the error but no formal action was taken. My case will be refer to CPS. Today, 9 days after that letter, that inspector called me and informed me that the CPS has decided to prosecute me and that I would receive a letter in the post to summon me. I seriously feel the police is so robotic in dealing cases... Wasting public money on small matter that so obvious not in the public's interest. This would be my first migistrate/ court case. Don't know what to expect but just want to defend myself...advice please

[Seeker14]

New judge, What would the outcome be if I remorsely plead guilty?

[Retrochic]

Seeker I really think you are getting worked up about this. You go to court,plead guilty with an adage that it was an accident and you are really sorry -get OH to stand up and confirm it was an accident -you are not going to get a custodial sentence. I would be more concerned about your OH who basically has put you right in it and unless there is a back story you are not telling us, seems a bit OTT to ring the Police over an accidental scratch to the face..

[New Judge]

If the facts are as you (first) described them, seeker, I would imagine the Magistrates might be persuaded to deal with the matter by way of a Conditional Discharge. You will need to plead guilty at the earliest opportunity and express your remorse to the court and persuade them that it was an isolated incident.

Your husband will not be allowed to address the court. However, he can make a "Victim Impact Statement". In this he can explain the circumstances from his point of view and describe the effect it had upon him. The prosecutor will read this to the court.

[Seeker14]

Oh no, he didn't ring the police over the cut for which was unknown to us until the police arrest me for it. My husband called the police because I was very very angry and he thought things may get out of control. I am on depressant for years to deal with all the unhappiness in my marriage. The depressant help in different ways, stop me from having nightmares of being hurt and in pain by my husband's doings. Ease my monthly headache. Control my anger. After the custody day, I couldn't sleep every night and that is why I went online at night to find a way to get justice. I also got a stronger depressant to help me to sleep. My doctor said the sleeping pill can be addictive so she gave me another depressant. I take two different ones to help me to deal with this awake real nightmare.

[Retrochic]

Seeker I think you need a divorce lawyer?

[Seeker14]

New judge, do you mean my husband should not accompany me in the misgistrate, instead write a victim impact statement to the police?

[Seeker14]

I know, I was thinking about that when I was pregnant with my first child and found out my husband was having an affair and moved out. Thought of abortion, etc. but I had a wonderful first child who is extremely clever, who is keen to learn and do well. Right from a very young age I knew he is going to do well. Every parents meeting I only hear praises. Life in this world is always not easy no matter who. We all have different problems. Never easy as human being with a very developed and complicated brain comparing to other animals.

[New Judge]

Yes he can accompany you, seeker (in fact it would be a good idea if he does so that the court can see that you are not at war over this matter). He will be allowed to sit in the public gallery. However he will not be allowed to address the court and the only way the court can hear about his feelings on this matter is to provide a Victim Impact Statement (because he is the victim).

[Seeker14]

If pleading guilty is the way to go. Is that mean no point in spending money in getting a solicitor? I just want the best result come out of this bad situation.

[New Judge]

I’ve also been reading your other post, seeker.

You will tie yourself in knots if you try to provide a different explanation now (or in court) to that which you provided at the outset. As Barmaid has said (and which I think I mentioned somewhere along the line) even without the scratch to his face, trying to grab your husband’s phone constitutes an assault. Again, to confirm what Barmaid says, there does not even have to be any physical contact for an offence of assault to be proved.

If you plead not guilty there will be a trial. Your husband will be required to attend court and give evidence. If he refuses a witness summons will be issued (in fact most courts, in cases of domestic violence, now issue a witness summons at the outset). And the end result will almost certainly see you convicted. You will then be liable for much higher prosecution costs (probably around £300-£400 instead of around £85 for a guilty plea).

I know you believe this is all very unfair. But the facts is you did commit an assault, you had the opportunity to accept a caution (which in my view is a perfectly proper way to deal with this somewhat trivial matter) but you eventually declined. Unfortunately the CPS now has little option but to prosecute you.

Of course your solicitor will be much better placed to advise you than any of us here as he will have access to the full facts. But from what you have told us I would be very surprised if he gives you any advice other than to plead guilty. He will also be able to ensure your husband’s victim impact statement is available to the court.

[Seeker14]

Ok, thank you new judge.

[EDDIE51]

I have been following this since the beginning and I am sure that if you follow NJs advice and plead guilty a conditional discharge is the most likely outcome . If you plead guilty you will not need a solicitor and you will get to chance to explain your actions . Your husbands support will be of great help.

[Seeker14]

Thank you Eddie

[EDDIE51]

lcg , I understand where you are coming from, but as someone who says they work in mental health I expected you to realise that seeker14 has her own 'issues' and be less 'caustic' in your comments.

[Seeker14]

I have been thinking how wonderful everyone here are. And to tell everyone, I am not posh nor rich, we are a middle class working family. With children went to/ going to state primary school. Learning a music instrument through school is just £150 a year with loan instrument. But spending time to give them extra academic work and encourage them to practice their music instruments from a very young age are very important. We don't indu ourself in eating out, drinking out or buying take away. Instead we have home cook food at home every day

[Seeker14]

If money need to be spent then I will spend it. Going to a prestigious school was made possible by his own effort and hard work. Not that we are rich.