my son has been arrested re domestic violence and is out on bail with section 39 his wife now wants to retract her statement and get back with her husband but the police have told her that they will arrest her if she doesthe charges are a bruised toe and a bruise on her leg which she has told me was an accident. can she retract her statement and how does she get the bail restrictions lifted she is frightened of the police and does not know what to do neither of them have been in trouble with the police at all before the police have told her that if she does retract her statement they will suppeona her and if she does not give evidence they will arrest her this does not seem like the law i know in my mind it seems like a threat
Have the police said what charges they would arrest your daughter in law on?
Reply to Emma R's Post: no they have not just told her and that she will probably get a caution
Thanks for the additional information, this is pure speculation but they may be considering a charge of wasting police time or something along those lines. A caution would remain on your daughter in law's records for 6 years.
As I think I raised with you in a previous post, the police can proceed with their charges against your son without your daughter in law's consent and it sounds although they are minded to do so.
If matter proceed to Court then they can indeed witness summons her but one imagines that her evidence would not be helpful to the prosecution!
Only the police would be able to lift the bail conditions in the event that the charges against your son were dropped.
With regard to your daughter in law withdrawing her statement, I am unsure whether you have seen my previous response to your earlier post but she should be able to do this by simply saying so the police.
I am sorry that she and your son have come up against such attitude from the police, their approach to incidents of this nature varies so greatly across the country.
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