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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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Need some advice and assistance re Criminal Law matter. One

Customer Question

Hi need some advice and assistance re Criminal Law matter.
One of my family friend(victim) has been involved in sort of domestic violence and gave statement against her husband. He (husband/accused) is on Bail and charged with ABH and Common assault two counts. There are bail conditions for no direct or indirect contact with victims. The victims are mother and daughter of 7 yr old approx.
The hearing has been fixed (plea and management hearing) at Crown Court.
Now Victim want to retract the statement she gave. She want to withdraw the complaint. She feel that she has given that out of proportion and she doesn't want her husband to be tried. She feel that shr got provoked by family members and gave statement. She was nit aware of the consequence that it could even result into Charges or Crown Court case against his husband. She just want to give a further clarified statement to neutralise to certain extent the damage of earlier.
I understand that it will be difficult to r
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.

How can I help with this please?

Customer: replied 9 months ago.
retract Minor (daughters statement) also it will be up to CPC to decide.Please advice me on this and whether SHE (mum and daughter VICITIMS) can " retract statement" or Do anything to Help his Husband in getting out of this mess. What sort of statement they can give. Somone also suggested non corporation with prosecution etc. plz advice.
Feel free to ask any questions.Looking forward to hear from you.
Expert:  Jo C. replied 9 months ago.

Has she done this before?

Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Help via Email or Text Message. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
Hi
Expert:  Jo C. replied 9 months ago.

Hi. I could offer that but it would rack up the cost to you and do nothing that we couldn't do online.

Customer: replied 9 months ago.
No this is first time Just one off incident
Even her husband has no such record He works as interpreter in courts
Expert:  Jo C. replied 9 months ago.

Oh yes, domestics are usually a load of nonsense. What did she allege on this occasion?

Customer: replied 9 months ago.
Well he has beaten up that's day and a day before ...
Customer: replied 9 months ago.
They had a fight and she just called up police
Customer: replied 9 months ago.
Can she make retracting statement ?
Customer: replied 9 months ago.
If you want to know more feel free to ask But plz answer it
Expert:  Jo C. replied 9 months ago.

Yes, she can tell them that she isn't willing to support the prosecution but then they will summons her. If the child makes a retraction statement as well then they could prosecute her for perverting as they will say she has put pressure on her to retract. Depends how important her evidence is

Expert:  Jo C. replied 9 months ago.

They do sometimes allow people to retract and she doesn't have a history of doing this which is helpful. It depends on the nature of the allegation though.

Expert:  Jo C. replied 9 months ago.

There isn't enough information here to tell whether they would consider it.

Customer: replied 9 months ago.
They had argument and which went further He has pushed her / slapped. Daughter 5yr old was also there. Daughter has also given statement because of situation that father has beaten her as well. How can she withdraw or make statement on behalf of Daughter ? Can she give statemnet as guardian plz advice
Expert:  Jo C. replied 9 months ago.

If the daughter alleges a separate assault then they would consider action against the mother if she retracts.

I'm afraid there are no magic wands. Once you call the police now you lose control over the matter. The only way to avoid it is not to make reports to the police. Too late now of course but might be useful for the future.

Expert:  Jo C. replied 9 months ago.

Pushing is not really beating a person up though. That is the sort of thing that most of us do on occasions. If that is all she alleged they might let her retract.

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