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Magistrates trial one word against the other?

35 replies

IsItSummerYet2018 · 01/02/2018 16:03

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.

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IsItSummerYet2018 · 06/02/2018 08:45

My dad wouldn't lie either but unfortunately some people do.
It's a duty sold he used who said that as its a case of word for word then unlike to get a conviction and that it's entirely possible for it to be thrown out before hand.
She's also representing herself as can't afford a solicitor.. But will get one more meeting with duty solicitor before hand or something.. I'm. Not entirely sure what's what as regards to that.

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ems137 · 06/02/2018 08:54

A magistrates court room isn't like the courtrooms you see on telly. It's just a carpeted room with desks and chairs in. There may or may not be a podium for the evidence giver to stand in. I've been to a handful of magistrates trials and one of them was just like an important interview, the accused sat at a desk and stood up when being spoken to.

People could go in and sit at the back in the 3 different courts I went into, no children though obviously. They give a trial time but that's often just a guideline, you could be sat there a couple of hours waiting for your slot.

If it was a minor scuffle as your friend is claiming, then I am very surprised the police didn't offer her a caution! I've never known a little scuffle go to court. What's the actual charge?

IsItSummerYet2018 · 06/02/2018 09:00

She thinks they took it further as both stories matched except the very last bit..charge is assault by beating, which sounds terrible but the solicitor said they use that term for a various amount of things.
I'm seeing my friend next week and will try to find out more as apart from what I've mentioned I don't know much else about it. Xx

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JustanotherJP · 06/02/2018 11:57

Yes assault by beating does sound worse than it necessarily is, it just needs some contact at all.

Some of our courts are formal court rooms with the bench sat up high as you would imagine judges and glass secure docks, some are a lot less formal more like normal rooms with court furniture in. All of ours do have a proper witness stand though for giving evidence. I would expect this case to be heard in one of the less formal court rooms but your friend should go and look around first.

IsItSummerYet2018 · 06/02/2018 15:43

Brilliant thank you. I'll pass that on. X

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IsItSummerYet2018 · 09/02/2018 11:40

The case has been dropped.
Waiting to find out more.. As to why etc

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JustanotherJP · 09/02/2018 13:27

That is good news for your friend.

I am unsure if you will actually find out exactly why (apart from the CPS reviewed the file and decided there was not enough evidence to secure a prosecution) but what prompted that review is another question.

At least it has been dropped now rather than your friend have the stress of having to get to court and then it be dropped on the day.

IsItSummerYet2018 · 09/02/2018 14:22

Yeah exactly. So. Would they say if its the other person dropped it or cps review? Or likely not to know.

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JustanotherJP · 09/02/2018 17:32

They may not say exactly why. It is not a case of someone deciding to drop it, the only people that make the decision whether to take it to court or not are the CPS. Of course if the prime prosecution witness says they won’t come to court then that would be a big blow to the chances of a successful prosecution so that may well lead them to drop it.

It is just as likely though that they looked through the facts and decided it wasn’t in the public interest to pursue it.

IsItSummerYet2018 · 09/02/2018 17:52

Ah that makes sense.. Thank you

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