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Court soon

2 replies

StressDoesNotAgreeWithMe · 02/03/2024 18:27

I am going to court next week as a victim of ABH. This is the 3rd time it has been to court, first time it didnt go ahead as the police hadnt passed on photos of my injuries and the 2nd time it didnt go ahead as other court cases took longer than predicted.

It's very very likely that the person is going to be found guilty. Although there is no CCTV there are 3 independent witnesses, a policeman, doorman and barman. I did not know there was any witnesses until I went to court.

The first time I went their solicitor offered a keep the peace order. I declined as I do not visit the place I was attacked often, maybe once a year so was unlikely to ever bump into her again. My solicitor said their solicitor had said they couldnt afford another charge on their record.

I'm just wondering, why did their solicitor offer a keep the peace? Instead of what? I dont know the steps of it all but I feel like them offering somthing means their trying to avoid somthing else- obviously a guilty charge but I cant put my finger in them knowing more than me about somthing 😅

Last time it was in court I had a look online and they had 2 court trials that day, one at 9:30 and the other at 1:30, the other had my court number then a slash and other numbers next to it. Court was months after the attack happened

Does that mean that there is two offences within the same incident?

OP posts:
Donotneedit · 03/03/2024 23:28

I’ve got way more experience in family court than I would like but none in this sort of court, but I’ll post because no one else has responded. -It seems like often solicitors may to come to an agreement before it goes into court as it can save everybody a lot of time if they can tell the judge an agreement has been reached, I don’t know if that might be relevant in your case. You should know exactly what the charges are bug if not/you’re confused by the way it’s been listed I think you can actually phone the court and ask that sort of thing
good luck

RawBloomers · 04/03/2024 17:55

If you’re in England and Wales, it sounds like the defendant’s solicitor offered to plead to a Breach of the Peace. Typically in a magistrates court they would then be “bound over to keep the peace” (which means that a further similar incident in, IIRC, usually 12 months could result in further action by the court). A Breach of the Peace conviction is a bit weird in law. It’s a civil, not criminal, conviction though, perversely, needs proving to a criminal standard. So if the defendant needed to keep criminal convictions off their record, this would have been a way to do that.

Are you aware what the other witness statements say? Because they are not necessarily witnesses to the crime itself. The police officer would need to give evidence of the investigation (any arrest and interview of the defendant, for example). The doorman and bar man may be giving evidence on your or the defendant’s behaviour before or after the attack. (Or they may have seen the attack. If that’s what you’ve been told I’m not trying to suggest otherwise).

You should have a victim liaison, or a number for the Officer In the Case (OIC), who might be able to answer your questions with more certainty.

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