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Magistrates trial one word against the other?

(36 Posts)
IsItSummerYet2018 Thu 01-Feb-18 16:03:09

So my friend pleaded not guilty to assault, The other person was saying something was done violently.. But it wasn't

Friend spoke to duty solicitor said the defendants only 'evidence' was a 999 call.. And her father's statement

So its literally one word against the other..
My friend and the 'victim's police statements completely match.. I. E what was said etc etc. Times, dates but the last bit doesn't.. That something was done violently but actually wasnt

The trail is set for end of march
IMO with no proof from either parties surely it could fee thrown out, or no conviction due to no evidence and word against word.

DullAndOld Thu 01-Feb-18 16:06:48

I suppose if the CRS has taken it on, then they think there is the likelihood of a conviction.
IME in such a case the accused would be found not guilty, not because the madge thinks they didn't do it, but not enough evidence.

Teenytinyvoice Thu 01-Feb-18 16:16:10

Do magistrates hold trials? Won’t it just be a hearing to pass it over to county court?

DullAndOld Thu 01-Feb-18 16:17:17

yes they do, for minor(ish) things.
Speaking from experience.

IsItSummerYet2018 Thu 01-Feb-18 16:51:34

Yes as its. Minor xx

prh47bridge Thu 01-Feb-18 18:13:37

This is probably going to come down to the credibility of those giving evidence - the victim, the victim's father and your friend. It could end with a not guilty verdict but there are no guarantees.

Allthebestnamesareused Thu 01-Feb-18 18:17:32

But you have said there are 3 people go ing evidence. Also there can be assault without intent to harm and also with intent.

What happened?

scurryfunge Thu 01-Feb-18 18:20:09

Any evidence of an injury?

IsItSummerYet2018 Thu 01-Feb-18 18:57:37

No evidence or injury
The victim pushed shoved my friend nearly down some steps. She grabbed the coat to not fall.. No injuries nothing just the victim dad saying that she grabbed hard and violently..
Duty solicitor at first hearing said it's purely self defense and there's no evidence. It's word for word.. No injury. No marks. Nothing.. So either may get thrown out or would end up as not guilty as no proof from either party

Nicknacky Thu 01-Feb-18 19:06:19

People statements ARE evidence and their are two witnesses to the alleged assault. There doesn't need to be injury for someone to be found guilty.

IsItSummerYet2018 Thu 01-Feb-18 19:10:52

Her solicitor said the father's won't be taken into consideration as it's family? But I'm not so sure

IsItSummerYet2018 Thu 01-Feb-18 19:13:36

When I meant evidence I meant it as no bruising or ripped clothing or whatever.. Didn't explain myself too well

Allthebestnamesareused Thu 01-Feb-18 19:14:28

Then it will be 2 against 1 but they may add less weight to evidence given by a family member but they will still consider it.

eurochick Thu 01-Feb-18 19:23:40

Did the father actually see the incident?

Nicknacky Thu 01-Feb-18 19:48:45

Of course he will be considered a witness.

IsItSummerYet2018 Thu 01-Feb-18 19:49:26

Was inside the house in the lounge.. The steps were at front door.. Wasn't there in view as such.. Maybe through a window.

My friends solicitor will be cross examining the victim. As my friend has a few things that if it had of happened there would be certain evidence. Which they haven't got..

Nicknacky Thu 01-Feb-18 19:50:38

What do you mean?

IsItSummerYet2018 Thu 01-Feb-18 19:54:37

Some facts the solicitor has come up with that if it had of happened there would be Hard evidence.. However at this point I'm not entirely sure what that is until I speak to my friend.
I was just more. Curious on the possibility of a it guilty verdict or thrown out as never been in the know of anything like this before. Iyswim.. Was just looking for info etc x
You've all been a great help

Nicknacky Thu 01-Feb-18 19:56:24

All the lawyer can do is test the witnesses evidence. But two "credible" witnesses is sufficient to secure a conviction.

IsItSummerYet2018 Thu 01-Feb-18 19:57:37

Don't suppose anyone would know. Is there a viewing gallery like at a crown Court?
As thinking maybe to go along and see how it all. Works for myself? Do u have to book or request if I can

IsItSummerYet2018 Thu 01-Feb-18 19:59:35

Fab thank you. That what I was confused at as he solicitor has said the father's witness statement is not classed as credible as of. Course a family member would give identical statements.. Thats what I was confused about. Think it's a wait and see scenario.

JustanotherJP Mon 05-Feb-18 23:40:36

Yes of course magistrates hold trials. 90% roughly of all criminal cases start and finish in the magistrates and never go to Crown Court.

Magistrates can sentence up to 6 months in prison for an offence (subject of course to the offence’s individual guidelines) and in some cases can sentence a total of 12 months in prison if there are two ‘either way’ offences.

At the trial It will come down to who’s evidence is the most credible but if there is significant doubt then there will be a not guilty verdict. A family member’s evidence will definitely count but may be viewed as less reliable, not necessarily though. Just because someone is a family member doesn’t make them likely to lie in court and commit perjury.

As a point of interest, for common assault, no contact actually needs to be made. For assault by beating some contact is required (although not to the extent that you may think). There is no requirement for an injury. The sentencing for common assault and assault by beating follow the same guidelines.

Finally, yes there is a public gallery and you can just turn up to watch. You do not need to book in or announce who you are.

IsItSummerYet2018 Tue 06-Feb-18 02:45:52

Fantastic thank you a great help.

Bot of an update. The victim has said to police that's she's scared now of my friend And feels intimated.. Even brought on the crocodile tears.
But has since left my friend a text and voice mail seeing if a couple of them want to go to the cinema together the weekend!

I'm actually baffled by this.. How can they say they're scared but then want to socialise. Of course my friend has ignored the messages and won't be going.
Do u think she should take this to court to show shes lying about being so 'scared :

Penfold007 Tue 06-Feb-18 07:26:28

Your friend needs to save the voice message and screen shot any texts. She then needs to tell her solicitor what has happened.
The fact that the CPS have charged your friend means they think there is a good chance of a guilty verdict.

JustanotherJP Tue 06-Feb-18 07:32:04

Yes she should definitely take these to her solicitor. They may have to be presented in a different way rather than just handing her phone around Court. Also the prosecution may pull the case as it makes their witness not look so credible as if she is lying about one thing she may be lying about other things.

That said just because she is lying about being scared does not mean your friend did not grab her violently. But it may well put enough doubt that the case gets thrown out.

I would seek legal advice if I were your friend on the best way to present the evidence.

Make sure she definitely keeps a recording of the voicemail and makes sure it does not get automatically deleted.

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