UK Law
Get UK Law Questions Answered by Verified Experts
Connect one-on-one with {0} who will answer your question
Answered in 1 hour by:
1/5/2012
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
VerifiedThanks for your question. Please remember to click ACCEPT once you get my answer.
It will still go to court.
There is a big difference between someone making a statement saying they do not want it to go to court and someone who makes a retraction statement.
Retraction is where someone says they have been making the whole thing up
In those circumstances the prosecution would likely not to go court.
But you have to remember, the case belongs to the police and not the complainant.
So based on the person not wanting it to go to court - the prosecution is likely to go ahead.
If it was a retraction - then then prosecution would probably not go ahead.
Your second point about a witness summons - if this person has made a withdrawal statement then the police are more likely to apply for a witness summons. This is because they know the person is reluctant and there is a possibility they would not show up in court.
I am sorry if this is not the answer you were looking for but based on what you have said this is the legal position.
Please remember to click accept so that I am credited for my time. Thank you
It will still go to court.
There is a big difference between someone making a statement saying they do not want it to go to court and someone who makes a retraction statement.
Retraction is where someone says they have been making the whole thing up
In those circumstances the prosecution would likely not to go court.
But you have to remember, the case belongs to the police and not the complainant.
So based on the person not wanting it to go to court - the prosecution is likely to go ahead.
If it was a retraction - then then prosecution would probably not go ahead.
Your second point about a witness summons - if this person has made a withdrawal statement then the police are more likely to apply for a witness summons. This is because they know the person is reluctant and there is a possibility they would not show up in court.
I am sorry if this is not the answer you were looking for but based on what you have said this is the legal position.
Please remember to click accept so that I am credited for my time. Thank you
Statement withdraw means the complainant does not want it going to court.
Statement retraction means they have made it up.
The person making the retraction has to go to the police station.
Potentially they could be charged with wasting police time.
Please remember to click accept so that I am credited for my time. Thank you
Statement retraction means they have made it up.
The person making the retraction has to go to the police station.
Potentially they could be charged with wasting police time.
Please remember to click accept so that I am credited for my time. Thank you
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
VerifiedUK-Justice and 87 other UK Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related UK Law Questions
Jo. My son has schizophrenia and a serious drug habit. A
Hi Jo. My son has schizophrenia and a serious drug habit. A couple of months ago he was at my house demanding money for drugs. I refused and eventually called police. On his way out he put his hands o… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
I needed to know is it possible to withdraw my police
hi I needed to know is it possible to withdraw my police statement against my husband and what will happen next?… read more
Thomas Judge
10,027 satisfied customers
I currently live in Australia and last time I was back in
Hi, I currently live in Australia and last time I was back in the UK I had an altercation with an off-duty policeman; both of us sustained injuries, although nothing serious. I just defended myself, h… read more
JG_Legal
Barrister
Legal Practice Course
11 satisfied customers
, My girlfriend and I have been involved in a fight
Hello, My girlfriend and I have been involved in a fight in our flat which turned physcal. she was the first one to start it and hit me with the strings of earphones leaving marks on my arms and at so… read more
Stuart J
Advocate
Postgraduate diploma in law
7,533 satisfied customers
Police charged partner with common assault on me and my child
Police charged partner with common assault on me and my child ( now child was pushed ) partner has a breakdown and has been exceptionally stressed and snapped, does not remember attack. Police had cps… read more
Stuart J
Advocate
Postgraduate diploma in law
7,533 satisfied customers
I admitted to kicking my wife off my bed at around 4 in the
I admitted to kicking my wife off my bed at around 4 in the morning (we sleep in separate rooms) because she was keeping me from sleeping by keeping the main light on and demanding I go and sleep on t… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
Hi i have a question about affray, i was arrested for 4 assaults
Hi i have a question about affray, i was arrested for 4 assaults and breaking a number of windows, when i was bailed the charge was just affray. Why did the give me nfa for criminal damage and the ass… read more
UK-Justice
Barrister
Master's Degree
16,193 satisfied customers
19 year old son involved in a brief fight in a nightclub, not
19 year old son involved in a brief fight in a nightclub, not started by him but someone attacked his friends etc etc... court say that there might be a 6 week prison sentence issued, but is it more l… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
My partner has been released on bail under the aledged offence
My partner has been released on bail under the aledged offence of assault occasioning actual bodily harm, he has a caution for common assault, the case is still under investigation by the police as th… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
Hi, My Boyfriend has been arrested for criminal damage and
Hi, My Boyfriend has been arrested for criminal damage and affray but released on police bail with no charges. He has to attend police station tomorrow again. It was an argument between two people tha… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
disorderly behaviour whilst drunk contrary to section 91(1)
I am currently 18 months into a sentence for domestic assault. The sentence was 2 year community supervision order and a mental health requirement. I have had a good 18 months of abstaining from alcoh… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
My son has had a common assault charge brought against him
My son has had a common assault charge brought against him and is due in the Domestic EFH mags court on the 7th June. He had an arguement with his girlfriend and grabbed her he didn't hit her and ther… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
hello,im currently on 12month suspended sentance for affray
hello,im currently on 12month suspended sentance for affray and only served half that time. a couple of days ago i got arrested for s.47 (3) police and criminal evidence or s.37 (7) police and crimina… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
my boyfriend has been arrested for assault by beating (battery)
my boyfriend has been arrested for assault by beating (battery) and released on bail. He beat his brother following an arguement which had been going on a while. His brother called the police and has … read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
I got caught on the tube tonight without a ticket by an undercover
I got caught on the tube tonight without a ticket by an undercover inspector. After a bit of verbal it ended up in a scuffle and I was nicked. I've been bailed and told to report at the station tomorr… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
1. Assault by beating, the particulars being that on the 6th
1. Assault by beating, the particulars being that on the 6th July 2008 at Maidenhead in the country of Berkshire assaulted Christopher Holden by beating him. Contrary to Section 39 of the Criminal Jus… read more
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
If an individual has been tagged and is on a curfew for breaching
If an individual has been tagged and is on a curfew for breaching community service (not attending) and also has a suspended sentence, but has been summoned to court in another county for 'driving whi… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
hi,got questioned about a common assault on aminor who attacked
hi,got questioned about a common assault on aminor who attacked me with a catapult april 13/2008, which i didnt do but a witness said i did and victim - not arrested , can i still be cautioned aresste… read more
Jo C.
Barrister
Master's Degree
33,817 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!
Leeds, UK
I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!
Alfafar, Spain
Thank you so much for your help. Your answers were really useful and came back so quickly. Great!
USA
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!
Los Angeles, CA
Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.
Hesperia, CA
I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.
Kernersville, NC
< Previous | Next >
Meet the Experts:
INC Law
Solicitor-Advocate
3,986 satisfied customers
LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
Jenny Mackenzie
2,792 satisfied customers
Over 10 years experience in general legal matters
Matthew J
Solicitor
334 satisfied customers
4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
Ben Jones
Solicitor
9,607 satisfied customers
Qualified Solicitor
Stuart J
Advocate
7,533 satisfied customers
High street practice 30 years. Former Senior Partner
Clare
Solicitor
9,545 satisfied customers
family solictor with 25 years experience
Thomas
Lawyer
2,180 satisfied customers
BA (Hons), PgDip, Practising Solicitor
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
