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If I retract a sentence will the original still be used?

3 replies

ChimeForChange · 28/07/2013 23:01

Hello

There was an incident between my partner and I which resulted in him being charged with common assault and criminal damage.

At the time I wrote a detailed statement about the whole argument, what led up to it etc
He was arrested, kept overnight and taken to a magistrates court the next day (he pleaded guilty to criminal damage but not guilty to common assault - he played down how I ended up with a bruise)

They imposed bail conditions for no direct or indirect contact but that wasn't practical because we have a child and I didn't want to stop contact. I requested for them to drop that but no one ever really for back in touch.
One day he was looking after our child whilst I was at work and the police came and arrested him for breaking the bail even though I asked him to look after her.

At this point I retracted my original statement - it was along the lines of I did not want to prosecute or have any further involvement with the police and that I accepted he behaved irrationally because of recent and ongoing personal problems he has and that he was to attend a domestic violence intervention programme and the Dr referred him to a psychiatrist for personal things (which I was pushing for long before this) and I believed this to be a better course of action for him.

The CPS still wanted to go ahead with the case though.
I did not go to the first court date - it was adjourned and apparantley a witness summons for me was granted but I have not received anything (court is this Thursday)

  1. If they do get a witness summons to me before Thursday, what are the likely consequences if I don't turn up? I've been told "unofficially" by a solicitor that they never follow through with arresting a domestic violence victim for not turning up.
  1. If I don't turn up and they do decide to go ahead, will they read the original statement even though I retracted the statement? Because of high emotions at the time the original statements sounds worse :-(
  1. Can I write a letter to the court/judge about how I feel?

I am so stressed by all of this and can't bear to have anything to do with a court.
I just keep getting so upset and want it all to disappear :(

OP posts:
ChimeForChange · 28/07/2013 23:02

I meant if I retract a STATEMENT!!!

Sorry it's so long.

OP posts:
ChimeForChange · 29/07/2013 10:38

Bump

OP posts:
Rajimmy17 · 03/03/2024 21:14

What ended up happening?im in a similar situation.

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