Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Daughters Partner summonsed

63 replies

Lapun · 15/06/2023 16:46

Is there a lawyer here? Daughters partner was served by police telling him to appear in court on June 30th. He reported this neighbour about their son constantly smoking Canabbis in the back garden which this partner felt was out of order. The police visited the neighbour as well as their landlord. The neighbour now has a solicitor and daughters partner is accused of harassment. They claim D partner has spread rumours about them in the small town and that my daughters security light comes on when they go into the garden at night ( it goes on if small animals come into the area)

Can he just offer to pay costs (currently £340) and apologise? Or must he appear in court? He is unemployed but my daughter still works. Can he get any legal aid? I have no idea what a small town solicitor would cost?

I posted by mistake in the divorce section so here asking for general legal advice.

Any advice would be greatly appreciated.
Add

OP posts:
ZoeyBartlett · 15/06/2023 16:51

He can't just apologise. If he is unemployed then he may get legal aid - he should contact a solicitor asap as he won't want a criminal conviction. Bit unusual for police to prosecute unless there is a lot more to this than you are being told.

Fattygettingthinner · 15/06/2023 16:52

There is more to it if this is going to court, crown prosecution or procurator fiscal feel they have enough evidence of harassment to charge. So he’s accused of much more than you say.

AdaColeman · 15/06/2023 17:00

Has your daughter got home insurance? If so, this often includes a legal advice helpline, which might be a starting point for information on legal aid availability.

They need to move quickly, as the date is just two weeks away.
It seems a lot of overkill for what he has apparently done, plus the complaint about the security light.

Gracewithoutend · 15/06/2023 17:03

Has he been interviewed by the police?

Fattygettingthinner · 15/06/2023 17:03

AdaColeman · 15/06/2023 17:00

Has your daughter got home insurance? If so, this often includes a legal advice helpline, which might be a starting point for information on legal aid availability.

They need to move quickly, as the date is just two weeks away.
It seems a lot of overkill for what he has apparently done, plus the complaint about the security light.

There is no way he’s in court for that, CP wouldn’t charge for that. It’s minor. So there is way more to this. And he would have been interviewed under caution.

he can’t just apologise and pay costs. He’s charged with a criminal offence, they think they have enough evidence that he’s been harassing them so much he’s moved into criminal behaviour. Whether he has or not is down to the judge. It’s the police who are charging him.

so you’re not being told thr full story of what he’s been doing to them. And this does carry the risk of custodial sentence of which is depending on how bad it is Ie threats of violence, racially or religiously motivated etc,

monsteramunch · 15/06/2023 17:16

You (and presumably your daughter) aren't getting the full story here OP. He's been accused of more than that. Of course none of us know if the accusations are true but you aren't getting the full story.

SummerInSun · 15/06/2023 17:19

monsteramunch · 15/06/2023 17:16

You (and presumably your daughter) aren't getting the full story here OP. He's been accused of more than that. Of course none of us know if the accusations are true but you aren't getting the full story.

Agree with PP. I am very sceptical that he is telling you the full story. For him actually to be charged with harassment they would have to think it was relatively serious and that they had good evidence to win.

purpleme12 · 15/06/2023 17:32

When you say the neighbour has a solicitor.
And can he just offer to pay costs.
Who is charging him with harassment? The police as a criminal charge?
Or is this a civil court?

Gracewithoutend · 15/06/2023 17:46

Who is charging him with harassment? The police as a criminal charge?
Or is this a civil court?

I don't think police serve summonses to civil court. You can only think it's the police. Hence, I asked earlier has he actually been interviewed by the police?

LimoncelloSpritz · 15/06/2023 17:53

He can't possibly be in court for reporting a neighbour smoking cannabis. There must be a huge backstory here.

Roundandnour · 15/06/2023 18:23

He has until the end of the month to get some legal advice in person and be honest about the charges he is facing.

At some point during the court case he will be given the opportunity to apologise. The judge may or may not accept this as part of sentencing.

Neverinamonthofsundays · 15/06/2023 18:34

He reported the neighbour for illegal activity but somehow he is now being brought to court for harrasment? That is not how the law works. There is far more to this than you are being told.

purpleme12 · 15/06/2023 18:55

Gracewithoutend · 15/06/2023 17:46

Who is charging him with harassment? The police as a criminal charge?
Or is this a civil court?

I don't think police serve summonses to civil court. You can only think it's the police. Hence, I asked earlier has he actually been interviewed by the police?

I know they don't summons to civil court. I said the police as a criminal charge?
Or is this civil court?

I was asking these questions to OP because it's not entirely clear what's happened.
The OP mentions police but it doesn't actually say if it's the police who have charged harassment or if it's civil court.
Have, I was asking to get more info

Fattygettingthinner · 15/06/2023 19:10

purpleme12 · 15/06/2023 18:55

I know they don't summons to civil court. I said the police as a criminal charge?
Or is this civil court?

I was asking these questions to OP because it's not entirely clear what's happened.
The OP mentions police but it doesn't actually say if it's the police who have charged harassment or if it's civil court.
Have, I was asking to get more info

Show quote history

I think it’s very clear it’s criminal charges by the police.

purpleme12 · 15/06/2023 19:15

Sorry for asking questions then.

Original poster
Lapun · 15/06/2023 19:18

A policeman serviced the notice to go to court. I will find out more.Thank you for this help for which I am very grateful.I will speak to my daughter and get back to you all.

OP posts:
monsteramunch · 15/06/2023 19:20

Be aware that your daughter might be telling you what she thinks is the full story but might not know it herself. The current story doesn't make sense legally so there's definitely more to it. Hopefully your daughter can get some clarity on things - best of luck.

Whatthediddlyfeck · 15/06/2023 19:21

Lapun · 15/06/2023 19:18

A policeman serviced the notice to go to court. I will find out more.Thank you for this help for which I am very grateful.I will speak to my daughter and get back to you all.

If he’s been cited as the accused, this hasn’t come out of nowhere, he has to have been charged first

Original poster
Lapun · 15/06/2023 19:27

A policeman served the notice but it was from a solicitor acting for the constabulary. I hope to find out more. He is definitely unemployed so he needs to tell the solicitor.

it says this:

Following allegations of you engaging in anti-social behaviour in and around the town of (I hid the town) the Police have made an application to the County Court for an injunction and power of arrest against you. The application will be heard on the 30th June 2023 at 15:00 hours in person at xxxxxxx County Court.
Please find enclosed:-
.1
Application for an injunction; 2.
Draft injunction

  1. Draft Power of Arrest
4. Schedule of Allegations 5. Witness statements You are advised to take part in the hearing as an order may be made in your absence. You are also strongly advised to seek your own advice about the proceedings and the effect of them upon you. Please note the hearing date on 30th June 2023 at 15
OP posts:
IncompleteSenten · 15/06/2023 19:30

Yeah. This is not about him making a report about a neighbour.
He's done some shit.

Floralnomad · 15/06/2023 19:32

That doesn’t mention harassment it says anti social behaviour . I don’t think you are getting the entire story or truth @Lapun

blacksax · 15/06/2023 19:32

Seems to me that he needs to appear otherwise they will arrest him anyway. He needs to have legal representation, and find out exactly what it is he is supposed to have been accused of.

Unless he knows already of course, and hasn't told you.

Enidisstuckupatree · 15/06/2023 19:56

Do the enclosed witness statements give any more insight?

MagicBullet · 15/06/2023 20:01

He needs a solicitor.
And no he can’t back out or pay his way out of it.

MagicBullet · 15/06/2023 20:03

blacksax · 15/06/2023 19:32

Seems to me that he needs to appear otherwise they will arrest him anyway. He needs to have legal representation, and find out exactly what it is he is supposed to have been accused of.

Unless he knows already of course, and hasn't told you.

If arriving at that stage of being summoned, surely he must have been seen by the Police, statement taken etc….

Is it really possible he doesn’t know what it is about??

(Genuine question btw)

Swipe left for the next trending thread