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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice.
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My son is charged with assault on his dad and due to appear in court on Friday 1st May.

Customer Question

My son is charged with assault on his dad and due to appear in court on Friday 1st May. we would like help to write a letter of leniency to the magistrate.
He served in the army and was discharged two years ago. I think he is suffering from PTSD and needs help instead of a criminal conviction.
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Is he going to give evidence against him?
Customer: replied 1 year ago.
no. when arrested the police wanted to caution him., but he was adamant that he acted in self defence. He served in the army for seven years and was discharged two years ago after fighting in Afghanistan. I believe is is suffering from PTSD, but is in denial. My husband Wondered if we could suggest in our letter to the magistrate a ' Peace Order'
Expert:  Jo C. replied 1 year ago.
No, I meant your husband?
Will he give evidence?
How did this come to the attention of the police?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Sorry?
Customer: replied 1 year ago.
My husband's daughter reported him to the police. Also my husband had to go to hospital and the doctor alerted social services (safeguarding) as my husband is eighty.
Expert:  Jo C. replied 1 year ago.
If he is eighty they will say he is vulnerable. If your son has been in the Army then they are probably saying that makes him even more dangerous.
Of course, he doesn't need a criminal conviction. It was unacceptable behaviour but families do that all the time and people sort it out themselves. However, this has come to the attention of the police and there is no way around that.
If your husband will give evidence against him and he will not accept it then there will be a trial unless he changes his mind.
He can write a letter pleading for leniency but there isn't any point in doing that until he has actually convicted. It won't be considered until that time.
If he isn't on a summons then he is perfectly free to refuse to give evidence although all they would do is get a summons for him unfortunately.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
My husband do not wish to give evidence against him, but both of us did gave statements to the police. They informed us that had to attend court on the day. What are our options.?
Expert:  Jo C. replied 1 year ago.
You can always retract but they will probably summons you.
The way to avoid this for the future is just refuse to make a statement. You commit no offence in doing that.
If they do summons you then failing to answer it is a contempt of court although it is very unlikely they will prosecute you.
Customer: replied 1 year ago.
Thanks Jo
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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