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Original poster

Magistrates court

33 replies

Mysa74 · 30/11/2023 06:12

Hi folks
I need some advice please...
Since march my family life has been turned upside down.
Husband has been diagnosed with a serious medical condition that he's been struggling to come to terms with. It's not going to kill him as long as he keeps taking the pills and follows doctors advice but it's really playing on his mind, has caused anxiety, depression, insomnia and anger, mostly directed at himself.
These symptoms crept up slowly before diagnosis and at one point he decided he was a rotten person and we (wife and dd2, dd6 &dd11) would be better off without him. He ran away in a complete state and police found him sleeping on a train station platform some 10 miles away. He came home willingly and was offered counselling which due to cutbacks he hasn't received. Fast forward two months to may this year. He went out

OP posts:
Original poster
Mysa74 · 30/11/2023 06:23

Sorry, didn't want to loose the essay, I'll continue for anyone that's still with me.

Back in may he went out at about 6am to do a normal routine task for me collecting the car keys which were up stairs and off he went happily. I was expecting him back by 745/8am as I had to go to work at the hospital. He didn't appear but traffic can be bad so I wasn't too worried at first, just warned work and got the children to school then started to worry. Phoned the police. Car keys turned up with the postman 4 days later. They had dogs out and helicopter up. First contact was an email to see if I'd got the keys back. Managed to talk him down, he hadn't eaten or had anything to drink in nearly 5 days and had decided to die out in the country side where no one would find him. I managed to get him to come back. He wouldn't say what had happened. Made him angry. He talked to the police who filled me in. Got the car back. It had damaged to front and back.

OP posts:
DustyLee123 · 30/11/2023 06:25

What is the question?

Original poster
Mysa74 · 30/11/2023 06:33

Apparently he was driving home, traffic was normal for the time of day. Part of the route is 2 lanes that are conned off into one and traffic filters across. He said (weeks later) that a car kept changing it's speed and wouldn't let him out and he had to break quite had hitting the first few cones and causing the car behind/beside him to hit. From what I can make out he went to exchange details still full of fright and the other guy shoved a recording mobile phone in his face. the whole situation kicked off the anger and fear and he lost the plot. There was some sort of fight, police came and he was taken to hospital in an ambulance. His discharge summery says he had 2 heavy blows to the head, concussion and a cut that needed stitches. The was placed on a drip and had lots of tests and an insulin drip before being discharged home to his family. He never arrived. For the 5 days he lived rough and starved himself. The eventual emails were harrowing

OP posts:
DustyLee123 · 30/11/2023 06:35

You are still not saying what your question is.

Original poster
Mysa74 · 30/11/2023 06:36

He's been in counselling since, hasnt driven. He's spent some months at his parents house trying to get back to normal and things are going well.
The car insurance only paid out for the other car as I dint report it in time (I didn't know where it was or that it was damaged). It was recorded as a joint fault claim 50/50 according to the paperwork I can see. I haven't seen anything from the other drivers point if view

OP posts:
DustyLee123 · 30/11/2023 06:37

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Original poster
Mysa74 · 30/11/2023 06:44

The doctor said he was so ill at the time he wasn't responsible for his actions... Police said not to worry.
Now to my problem.
We've just received a court summons letter for the magistrates court next week.
It's for driving without due care and attention, common assault and criminal damage of approx £10k to the car (although insurance fixed it and it says much lower sum).
Does anyone know what he's looking at, prison, fines? Is less than a week time to get legal help?
I don't know what to do or where to go... I've just renewed my insurance, 3 days ago, with the same company as they had the best price but it doesn't have legal cover. Can I add it? Would that help?
Any advice would be much appreciated... Thank you xx

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Original poster
Mysa74 · 30/11/2023 06:45

I'm sorry, needed to vent that. I've no one in real life, I just feel so alone and don't know what to do...

OP posts:
sparklefresh · 30/11/2023 06:46

He won't go to prison.

ShoesoftheWorld · 30/11/2023 06:50

Could the sarky, impatient posters upthread not have understood that this is someone in distress with what is clearly a long involved story to tell and that she felt she needed to do it bit by bit? FFS.

OP, it sounds as if you've all had a terrible time. It would seem unusual to have this short notice of a court date. I'm not sure you can get legal cover for an existing issue, unfortunately. Prison would seem very unlikely too from where I stand (not a legal expert in the slightest). But I think the best bet is for him to gather all the medical evidence, statements, insurance reports, everything about the back story and find out what there is at court to support unrepresented people. Is legal aid a possibility? I wonder whether the short notice can be an argument for a postponement?

ShoesoftheWorld · 30/11/2023 06:53

Sorry (it won't let me edit), impatient poster, not posters. Only one, making multiple posts Hmm

Mintyt · 30/11/2023 06:54

The 1st hearing will be just that a hearing. Your husband will plea and a date will be set if he pleads NG. They may decide that your husband needs legal representation and adjourn, or they may decide it needs to go to the Crown court. The cover before renewal is the cover that needs to have the legal protection cover not the renewed one. It's very unlikely that he will go to prison. And you will use ( rightly so) the MH status of your husband. I'm sorry you're facing this but try not to overthink it.

Redglitter · 30/11/2023 06:56

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Ffs give her a chance. It's quite clear that the OP is posting in stages because it's a long story

Really being so rude is un necessary

CormoranEllacott · 30/11/2023 06:57

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That’s probably for the best.

I don’t have advice, OP, but wishing you the best.

Forestdweller11 · 30/11/2023 07:03

Gosh you've had a time of it!

The magistrates courtd (certainly where I live) are small and quite intimate with very little segregation. It's not like you see courts portrayed on the TV. The magistrates are people from the community so not specialist criminal/civil judges etc.

As per pp, try and get it postponed (a weeks notice isn't usual - has he had other post he's ignored?). Also as per PP he needs to turn up (most important!), papers gathered up, write out a timeline so that he's got something to guide him and act as an anchor. - although the magistrates won't be that interested in the peripheral stuff - They will just be fussed about what happened in the day.

He's not going to prison. Fine/points/ban maybe.

It should be over quite quickly in the court. But there maybe hanging about before/after.

izzygirlis4 · 30/11/2023 07:15

You need to contact a criminal law solicitor. I can recommend one of you pm me.

Original poster
Mysa74 · 30/11/2023 09:51

Thank you for the support and understanding, this is all quite outside of my experience. Life used to be normal and happily boring. The last 6 months or so have been a complete nightmare and this has come just as I thought things were getting back to normal. I'm really struggling.

The letter arrived yesterday, it was sticking out of the letter box when I got home. We only see a postman with letters every couple of weeks. It's dated 20/11/23 . The last things to be delivered were cards on 16/11/23 that were posted on 30/10/23 for my dds birthday on 01/11/23.

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Sallysoup · 30/11/2023 10:04

I'm no expert just going off a similar situation I know of, was he arrested and appointed a duty solicitor when he was charged, or has that not happened? Obviously difficult to know what happened in those missing days. The person I know was re arrested from hospital and held at a police station for days without a phone call, and pled guilty to all sorts of things (following the breakdown and without his medication). If we hadn't been told by the hospital we would have reported him missing.

I have very little faith in the justice system after my experience, I hope things go better for your husband. Firstly try to find out if he has been appointed a solicitor when the charges were given.

Original poster
Mysa74 · 30/11/2023 10:52

He has never been arrested. Just reported as a mis per for 5 days. I only found out he'd been in hospital when he told me. When he was found they offered counselling which he accepted but hasn't yet happened. This letter came out of the blue. He's at his parents house 40 miles away looking after his DM80 who's just had cataract surgery. We don't have a solicitor or anyone similar at the moment.

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Rose7728 · 30/11/2023 11:16

Hi

These are the sentencing guidelines for what you have said the charges are

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017/

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/common-assault-racially-or-religiously-aggravated-common-assault-for-consultation-only/

https://www.sentencingcouncil.org.uk/wp-content/uploads/criminal-damage.pdf

I would highly recommend getting a barrister for court as solicitors do not generally speak on your behalf.

The mags operate within the above framework however it sounds like a complex case and hopefully they may switch it out to a DJ who is legally trained and able to better adjudicate the case on mitigating factors

Careless Driving (drive without due care and attention) (Revised 2017) – Sentencing

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017

CelticPromise · 30/11/2023 11:28

It's not too late to get legal advice and it's essential your husband speaks to someone who knows what they're talking about to assess the evidence and advise on likely outcomes. You can approach someone in advance or speak to duty solicitor on the day at court. Duty solicitors are completely independent and can be trusted. Contrary to what a pp says it is quite usual for solicitors to speak on your behalf in the magistrates court, you don't need a barrister.

Lots of criminal solicitors will offer initial advice and make a legal aid application if appropriate. You could ask the local court if they can recommend any firms, they'll know the ones who regularly attend. Criminal solicitors are quite used to advising on these things at short notice so definitely get advice.

Original poster
Mysa74 · 30/11/2023 11:34

That is really helpful. Thank you @Rose7728

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Original poster
Mysa74 · 30/11/2023 11:36

Do I need to go back to my car insurance company and up date then, or will they already know from the 3rd party?

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TheFormidableMrsC · 30/11/2023 11:53

I'm sorry this has happened to you. What an awful story. I'm confused as to why he's received a summons if he's not been arrested or charged with anything? In the immediate term, I'd speak to the police, specifically the ones who attended during this episode. He clearly needs legal representation so I would hope he'd plead not guilty and the mags will adjourn to a later date, giving him time to appoint a barrister and build his case. It sounds as if there is a list of mitigating circumstances.

Scampuss · 30/11/2023 12:02

He won't need a barrister for mag's court, this is well within the bounds of any criminal solicitor.

@Mysa74 whilst this has been devastating for you, this is fairly bread and butter for mag's court, but it would definitely be useful/beneficial to try and see a solicitor before court. You can Google local solicitors who do criminal work.

It will be worth your husband gathering together any paperwork he has on his medical diagnoses before court as this may affect sentencing options.

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