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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64054
Experience:  Over 5 years in practice.
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I am bringing a private prosecution against an assailant who

Customer Question

I am bringing a private prosecution against an assailant who punched me in the face in an unprovoked attack whilst I was strapped into my wheelchair (I suffer with MS).

I have been told that I need to serve an indictment, this case has been to magistrates three times now, then last time to choose mode of trial. The magistrates decided they could deal with the matter but the defendent has elected trial by jury, she admits punching me, but claims it was self defence.

How do I prepare an indictment, is there a speciman copy I could view, and what does it need to contain,

The charge is assaut occasioning actual bodily harm,

Thank you

Karen Passmore
Submitted: 5 years ago.
Category: UK Law
Expert:  Jo C. replied 5 years ago.
Do you know how expensive this will be?
Customer: replied 5 years ago.
No I dont know how expensive this will be, but I am not prepared to be a punchbag for anyone who decides to attack me as I am unable to defend myself. It is my intention to represent myself in the crown court, I just need help with composing and /or completing the indictment form
Expert:  Jo C. replied 5 years ago.

It costs £8000 a day to run the Crown Court. An ABH trial will generally take 1-2 days.

 

Are you sure you want to go ahead with this? Your chances of success are not that high or the Crown would have prosecuted this for you.

 

If you are intent I could probably draft an indictment for you. What were your injuries?

Customer: replied 5 years ago.
Firstly, I am presently suing the Avon % somerset Constabulary under the DDA, accordingly I am now victtimised by this force.

The facts of this case are simple. The accused admits punching me, she was arrested, however she claimed it was in self defence, yet she had ample "escape routes" and that my wheelchair had struck her causing her injury, however there are no police photographs to substantiate this claim. The Police, although they have a duty to investigate the claim of self defence, did not investigate it, nor did they pass the facts of the case onto the CPS for decision, an inspector acting alone decided to NFA the matter.

I will progress this case irrespective of costs and would highly appreciate it if you could provide me with a draft indictment
Expert:  Jo C. replied 5 years ago.

That just couldn't have happened anymore. Inspectors don't have authority to do that. This would been examined by CPS and only they could have rejected this.

 

So what are your injuries?

Customer: replied 5 years ago.
It did happen ..... an Inspector acting alone chose not to refer the papers to the CPS, he chose not to investigate the claims of self defence, the first I heard of these claims were a month later when the police telephoned me to say they were going to NFA it,

I also have papers from the head of the CPS confirming the papers were not referred to them, but that the inspector concerned had had a word with someone in the CPS to tell them what he intended to do and subsequently did do .... ie NFA

My injuries were a bruising to my nose and bleeding and a suspected broken nose, but as they do not xray noses anymore there is no way of telling if it was actually broken. My glasses were also broken by this attack and are valued at £170. The only police photographs are of the injuries to my face, it is my submission that had my assailant suffered any injury as was subsequently claimed, these would have been photographed by the police but were not, suggesting there were no injuries to her at that time


Expert:  Jo C. replied 5 years ago.

That cannot be right. They lost the power to do that some time ago now.

 

Isn't your other problem that these injuries are probably better charged as a common assault. Has this been committed to the Crown Court yet? If not, you could amend the charge and keep it down in the Magistrates.

Customer: replied 5 years ago.
This matter was before the magistrates for mode of trial, the magistrates determined they could hear the case but the accused has elected trial by jury
Expert:  Jo C. replied 5 years ago.

You can amend the charge to a common assault and then at least jury trial won't be an option.

 

But its still a very expensive affair. If you do that you won't need an indictment. You can just lay an information before the court.

Customer: replied 5 years ago.
I did not determine the charge, the district judge who heard my application determined it, if they consider this to be the correct charge then I do not think it is for me to amend it
Expert:  Jo C. replied 5 years ago.

 

OK. I'm afraid I'm going to opt out. I think it would be wrong of me to draft an indictment that will be wrong and vexatious.

 

Think very carefully about this as you are going to lose and its going to be a very expensive business. She could also sue you when its all over for her costs which will inflate the expense even more.

 

If you are intent you can find the rules here

 

http://www.justice.gov.uk/criminal/procrules_fin/contents/rules/part_14.htm

 

Customer: replied 5 years ago.
how can this indictment be wrong and vexatious, I was attacked, I am a vunerable person, if I allow this type of conduct to continue then every disabled person is placed at more risk
Expert:  Jo C. replied 5 years ago.

I've explained above really.

 

You've got no proper chance of a conviction as this has been considered and rejected. Thats the defintion of a vexatious claim. You will lose and it will be expensive.

Customer: replied 5 years ago.
The matter was not properly investigated, the police abused their powers, the CPS were given no choice, and a district judge having heard the facts of the case decided that a prima facia case existed for the accused to answer to, that is not vexatious and strictly on the evidence of the case she will be convicted.
Expert:  Jo C. replied 5 years ago.

 

Prima facie means the bearest allegation. It doesnt mean considering the entirety of the case a view that you can prove beyond all reasonable doubt that your account is the true one.

 

I'm not going to spend any longer on this issue in any event. You will lose and it will cost you. I've given you the link above.

Customer: replied 5 years ago.
Thank you for your time, it seems I shall need to instruct a solicitor and counsel who actually believe that the most vunerable in our society do not deserve to be assaulted without reason, and those that do face justice in the courts. I asked for your help in drafting an indictment, you have refused. I do not see any reason to click on an accept button for what I consider to be flawed advice.
Expert:  Jo C. replied 5 years ago.

Good luck with it.

 

The advice is correct though as I'm afraid you will find out.

Customer: replied 5 years ago.
Jomo, I am 59 years old, I suffer with Primary Progressive Multiple Sclerosis and this is the 6th time I have been attacked in 3 years. I will take no more. I am in effect dying slowly.

I am on state benefits, and will be for the remainder of my life, what do you honestly think they can do to me re the costs issue? You cannot get blood from a stone. Yeah they can award costs and I will simply go bankrupt.

I have no property, no savings, and all the specialist equipment in my home is either state funded or local authority funded and on loan to me,

I don't care about costs, I just want the unjustified attacks to stop, and if this is the only way to achieve that then this is the right course for me to follow.

I will tell you that a firm of solicitors are more than willing to take over this case for me and counsel are prepared to handle it if necessary, yeah it will cost me a few thousand, but I will get a conviction and my costs awarded.

Sometimes principles are more important than money.

I have a legal contract with Granada Media and with News International plc, so this case is likely to attract considerable publicity, from a variety of national sources. Somehow I think my assailant will be more scared about going to trial than I am

Sometimes someone has to make a stand on behalf of others, I have decided that person is ME.
Expert:  Jo C. replied 5 years ago.

Its not that simple. If you don't pay in advance, counsel just won't go to court. Solicitors won't act unless you pay on account.

 

I don't think your assailant will be at all worried about this. She's going to get off.

Customer: replied 5 years ago.
I have just paid my usual solicitors £28,000, I didn't say I couldn't pay, just that I personally do not own or have any property that can be seized or otherwise and going bankrupt wouldn't affect me in the least, but it would make any costs order against me worthless.
Expert:  Jo C. replied 5 years ago.

Yes, but unless the monies are paid upfront this prosecution won't happen anyway.

 

In any event, if you are hopin to win and be vindicated that simply will not happen. CPS don't drop cases that have a reasonable chance of success. Its often the easier decision to prosecute bad cases than to discontinue them.

Customer: replied 5 years ago.
Am I stupid? I believe I told you at the outset that this matter was never ever referred to the CPS for them to consider, they can only consider cases once referred to them by the Police, due to the police not following the correct course of action, ie, in referring this matter to the CPS, they had no say in it whatsoever, and as such are powerless to intervene. I have that answer in writing from the Head of the CPS of the South West Region.
Expert:  Jo C. replied 5 years ago.

Yes, you did say that but you can't be right on that point.

 

That just plain could not have happened. CPS will have looked at this and discontinued it and you will lose.

 

Anyway, those are my thoughts on this point and I'm not going to be spending longer on it.

Customer: replied 5 years ago.
I am right on that point and the matter is being investigated by Professional Standards, sometimes things that shouldn't happen do happen, CPS now have the papers as I obtained an order from the magistrates forcing them to release them to me and the CPS all the papers in the case.

Perhaps this explains why another firm of solicitors are acting for me against the Police for their conduct towards me in relation to the DDA.

anyway, despite my best efforts to tell you the truth you seem to refuse to believe that the impossible has actually become possible in relation to me .... by an Inspector acting alone who deliberately chose not to investigate properly the case, in relation to the self defence issue and chose unlawfully not to refer the case to the CPS .... funny how everyone else believes it, but then the police themselves don't even deny it is true.

Anyway we are getting nowhere here.

I am going to progress this case no matter what, and I am sure that when the evidence is presented to a jury there will be only one verdict .... guilty
Expert:  Jo C. replied 5 years ago.

 

I've expressed a view. You'll find its correct but we won't agree on that tonight.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 64054
Experience: Over 5 years in practice.
Jo C. and 3 other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for all your help and advice, I hope you appreciate where I am coming from also. I find it to be unbelievable that anyone would attack a disabled person, hence my actions to express my outrage.

I will make enquiries tomorrow to see if I can downgrade the charge to just common assault as with my health as it is, I am frequently unable to talk due to severe stutter, I have to work out how long this case could take if I chose to represent myself, maybe a month @ £8000 a day, is that a justifiable figure for a single punch? the cost to the state is extremely high in comparison to the offence and likely sentence, for a first offender

Kindest regards

Karen Passmore

ps I will now click the green accept button even though we disagree .... but then I have progressed cases to the RCJ before on my own ;)
Customer: replied 5 years ago.
Hi Jomo,

Thanks for the follow up email.

I took your advice and added a charge of common assault to go with the ABH one. I did not withdraw the ABH at the time because my attacker hurt me, so I thought I would return one and let them sweat a few days longer, I have now withdrawn it at the latest time possible and served the documents required by fax (after office closed)

I do not think my attackers solicitor is too happy at my actions, they though going to Crown Court would guarantee an acquital but now they cant elect to go there.

This doesnt mean you were right though, A District Judge determined the right charge as I had my nose broken, as well as cuts and superficial bruising, but I will probably obtain a conviction now due to your advice, and though they dont know it yet they may well face other charges within the court itself as I prove two counts of perjury, one of conspiracy to pervert the course of justice and one of attempted fraud.

Due to issues referred to in my attackers statement and backed up by family members, I am now able to introduce almost 4 years worth of court papers, which will keep them busy for a while and make it hard to find the documents I will use to prove what I intend to prove.

They also dont know that I have defeated a District Judge, Defeated a Circuit Court Judge, and Defeated a High Court Judge in their attempt to prevent me progressing my case in the Employment Tribunal. The Circuit Judge described me as being intelligent, articulate, with an encyclopedic mind with the facts at her fingertips..... how nice of him.

The High Court Judge (President to the EAT) said after hearing our submissions that he would reserve judgement until the new year, but i didnt believe him, and was proved right as it was sent out just before christmas to get delayed etc at that time of year to use up my appeal time. I prepared my appeal to the RCJ and the decision arrived the day before I would have been out of time. I sent it, had it passed by a Baroness, and we were in the RCJ, where I lost, but knew I would anyway, but although I lost, it cost them £126,000 in legal costs, and they had to rewrite a contract that cost them £40,000,000 which was the amount they would have made had I not spotted the flaws in the employment contract and refused to sign (instant dismissal on a grievance hearing equals automatic unfair dismissal.

Kindest regards

Karen

Expert:  Jo C. replied 5 years ago.

I'm afraid you won't obtain a conviction. The police didn't drop this for no reason.

 

I remain, as before, of the view that you will lose but at least the costs will be lower.

Customer: replied 5 years ago.
Jomo,

I see where you are coming from, the reason why the police dropped this has nothing to do with the evidence or whether I was assaulted or not.

The actual reason why was that I have made a number of complaints about officers at this particular station, including one against a police sargent who I am suing under discrimination laws. He is in the Inspectors team.

A couple of weeks ago I reported to the Police that someone was inpersonating a police officer, despite my complaint re this man, who was sat outside alone in his car near the entrance to to infant school, the Police have investigated and confirmed there was not a policeman in the area at that particular time, yet they know I have 24/7 recorded CCTV, which they could view, and that I took the number of his car and his face upon my mobile phone, the police simply arent interested, yet this guy could have been a peadophile and taken a child and maybe killed them afterwards.

About a month ago I had two female officers come to my house to deal with theft from my bank account by my husband who had recently left me, the bank insisted I report it if I wanted my money back, and I was told by the one that I have known for at least two years that she had volunteered to come here as other officers are scared that I will put a complaint in against them.

I am to attend the full meeting of the Police Authority on Friday where I shall outline the conduct of the police towards me, we have served a questionaire upon them seeking answers why I am treated in this way by the Police. I mention that I am transgendered, gay and disabled, and we are to issue proceedings in the high court under discrimination laws.

Your answer is based on police acting lawfully and not vicimising others as they are me, and a solicitor isnt doing all this for fun, its because there is a lots of questions to be answered.

And when I win, and I will, I will contact you again and then you can say sorry, as you were wrong, and I was right.

kindest regards

Karen
Expert:  Jo C. replied 5 years ago.

Well, we've been over this.

 

But you really must face the fact that you won't win. Also, if you havent dropped the ABH and are adding other charges, she can still have Crown Court trial and she will win.

Customer: replied 5 years ago.
I have dropped the ABH and it is going to trial in the Magistrates and I will have the pleasure of sending you a fax or email to PROVE that I WON.

ok?

You are baseing your answers without being aware of the evidence, just because someone says self defence it doesnt mean it is, thanks to her statement, I can now prove that at the start of my divorce proceedings she involved herself into it, was involved in it for the next three and a half years, and it was only when her friend, my ex, lost the court issue with me, that she lost her temper aand punched me ...... I have taken many cases to court, I have never lost one yet apart from the RCJ which I knew I would lose before going there, but I ended the future rise of the circuit court judge as the RCJ knew he was biased and misused the powers available to him, but the way he did it they were unable to overturn as he had discretion in this instance.

Kindest regards

Karen Passmore

ps, if you live anywhere nr Bristol, I will let you know the date and then you can see with your own eyes that I will win my case.
Expert:  Jo C. replied 5 years ago.

 

Good luck with it then.

Customer: replied 5 years ago.
At last I have got you to change your mind, I will also prove two counts of perjury, one of conspiracy to pervert the course of justice and one of attempted fraud, simply by getting a witness summons for a hostile witness and that way I can prove the link they had together and her attack was deliberate out of frustration as I had beaten them in court and my ex lost every penny, but then they were offered £20k at the start, accepted it, then her solicitor pointed out that nearly all the matrimonial debts were in my name, and that if they could get me to move out, the court agreement would be null and void, I just threw away £50k in equity as i refuse to be blackmailed in such a way.
Had I moved out, they would have got half the house value as would I but my half would have just cleared the debts .... kinda unfair.
Expert:  Jo C. replied 5 years ago.

You will only do that in the Crown Court.

 

And I havent changed my mind.

Customer: replied 5 years ago.
Oh hell here we go again

Look, my ex wife, was trying to reclaim what she said was her tv, a sanyo, and she stayed with that throughtout the three years the ancillary relief proceedings were going on.

In december 2008, she made a sworn affidavit that I had smashed her television and threw it in the rear garden, I replied through solicitors that she was lying. She then made another Affidavit which said if it wasn't her television, it certainly looked like it.

Her Television was a Sanyo, I have the original receipt and manual and we photographed it in perfect working order showing the exact sizes of height, width and depth .... about 24" deep from screen to back of tv, the tv she claimed looked like hers was a Toshiba and only 3.5 inches deep, so yeah okay the sanyo married the Toshiba and then went on a massive diet.

I applied to issue a private prosecution against my ex for two counts of perjury, one of conspiracy to pervert and attempted fraud. The magistrate considered the matter for three hours, I had proved she had lied on oath, but the magistrate refused my application as she felt the trial judge should issue it instead.

She then claimed I had smashed the house up etc in a court hearing and made application that I be denied any equity in the FMH, which she lost, so we have perjury, conspiracy and fraud proved in a magistrates court, and then they can request the police to action the matter and have then charged accordingly.

Now will you agree with me, I am not stupid you know.

Kindest regards

Karen
Customer: replied 5 years ago.
Well if you havent changed your mind I will just have to show you the papers proving my attacker was convicted of common assault, and others that show that my ex has been charged by the Police with two counts of Perjury, one count of Conspiracy to Pervert the course of Justice, attempted Fraud, and criminal damage, then I will send you a copy of a high court application seeking to deny my ex any equity in the FMH and make her fully liaable for all the costs in the matter.

I dont think Judges like those who commit Perjury in court, and I and my solicitor and Counsel agree with ME ... I havent paid out £28,000 in legal costs for fun.... it was for a reason, give anyone enough rope and they will hang themselves.

Kindest regards, XXXXX XXXXX above is a promise, I dont ever lose :)

Perhaps I should become an expert on this site, I know enough to take on cases on my own, to present cases on my own, and gain convictions on my own, its all a question of having the evidence and not letting your opponent know what is going to happen in Court. I do know the rules of disclosure, but I cant produce statements in advance for those witnesses classed as hostile :) and I dont have a degree, just 59 years of experience, and more business experience gained as a Director of several companies that I both run and own.

Karen Passmore
Expert:  Jo C. replied 5 years ago.

I've expressed a view on this and I don't think I can add much more.

 

I'll opt out and lets others look at it to see if they have any vews on the point.

Customer: replied 5 years ago.
it's been a nice debate, thank you for that, I really dont think I need any help with what I am doing, the only help I wanted was help to draw up an indictment, there is no need of one now that the case is staying in the magistrates. Everything else I am more than capable of doing, I have represented myself at all court levels including the RCJ.

Thank you anyway for your help

Kindest regards

Karen Passmore

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