hi my x partner has been quetioned over a abh on me the police have gone over my head i have not given a statment to say that anything happened but i have told them that nothing hapened i love my partner and cant understand why they would do this to a inosent man can the cbs press chargers without my or my partners statment he whent to the police on his own merit and told them the truth just like i have please help tracey
Province/Country relating to question : kent
speeking to police and citizens advice burer
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Did he assault you?
no he didnt he would never do a thing like that
Why has he made a false confession?
he hasnt it told them the truth no assault happened so have i
Sorry, I don't understand.They must have received an allegation from somebody or a confession or they would not act.
i lied to a friend but made no statment then i confested that i had lied to punish him for being in contact with his x and leaving me i feel as though i will be on my own for the rest of my life because i have a above knee amputation with no chance of a prothestic and he has left me in a unadabed house with two childen
Ah. Thats a problem.And she reported it?
Is this the first time the police have been involved in your relationship issues?
yes and the first time my partner has been involved with the police or me
Did you allege any injuries to her?
yes my tooth fell out but due to all my medication and not being able to go to the dentist as i was mrsa positivei have had to pull out 5 teeth with pliers so i pulled this one out on my own
To be honest, this is very unusual.Normally they would not act on a third party allegation like this. Unless she is saying that she witnessed something they would not normally even investigate. If she is saying that she witnessed something then they could prosecute on her evidence. You can give evidence that nothing happened but then your statement to her will be introduced and that will be used against you.If her only evidence is that you made these comments to her alone and you have given a statement to the effect that they are untrue then that is not sufficient to charge but its not sufficient to arrest either and they have arrested here.If the comments that you made were just to a friend then that would not amount to an offence against public justice. Obviously if you start lying to the police or to the local council then that would change things as that may amount to perverting.Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
Bar Exams, over 5 years in practice.
so the cps can go over my head
Oh yes and regularly they do with domestics.The question is whether there is enough evidence to support it.
but nothing hapened and i lied
I've really covered that above.
is it right that the cps only procicute if they are virtualy sure of a conviction
No.It has to be a more than 50 % chance of conviction. At the Magistrates Court that really means very little evidence indeed.Anyway, with domestics they regularly do charge on the evidence of reluctant witnesses.
ok how long would it take to go to court and what is the likly result if he is proven guilty
ABH is not time barred so they could take many months. If its a common assault then it has to be before the Court within 6 months. I'm afraid that a custodial sentence would be a risk if this remains an ABH. If it drops down to a common assault then custody is less likely.
my first husband was a abusive alcoholic but we lived in scotland were the law is completly different i thought it wouldnt go any thurther i am so mortified that everthing has gone like this i feel like my life has ended this is so unfair
Yes, unfortunately the police are not allowed to adopt a common sense approach to domestic allegations in the UK.There is one way only to avoid this happening and that is not to make reports to the police or, indeed, confide in friends who are likely to do so. Obviously you shouldn't be untruthful on this sort of topic. They cant take any action over that because you didn't make a false report to the police but only to her.If she is saying she witnessed the violence though then they may charge him.
thankyou i know idid wrong but jealousy and the fact that i am wheelchair bound and feeling really depressed dosnt help oh god how i hate myself
Well, in fairness, she didn't need to take it upon herself to report it either.
well i will just have to hope that something goes my way for a change thanks for your help
It may well do.Without some direct evidence the prosecution isn't going anywhere fast.
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