CPS charging decision

[Pinkro]

Any police savvy people on here or people with previous experience?
No judgement wanted please be kind as already struggling enough.
so my now ex was arrested for assault/criminal damage(not sure as haven’t been told the charges) I was grabbed around the jaw and pushed over. Hes now on bail for another 2 months for CPS to come back with a charging decision.
i am pregnant with a toddler and this is stressing me out beyond belief. The relationship is over and we won’t be getting back together like people assume the victim wants. But why should I subject myself to anymore stress. My pregnancy is high risk. He is going to see the children regardless. Social services are now involved and not concerned with either of us as parents.
I’ve now withdrawn my statement. what’s the likelihood of him still being charged and this going to court? I am not willing to go to court being pregnant/having a new baby. These are the facts -
Statement from me- yes but withdrawal of support (states statement is correct just don’t support the process)
Witness statement- yes, about phone call they received from me (they retracted their statement straight away due to health reasons)
999 call- made by the witness who has retracted their statement, they wasn’t present, the 999 call was made after a phone call from me.
Injuries- none from the incident in question
Admission in interview- no would of denied everything
Body worn footage- don’t know if they was turned on but if they was it would be yes of me upset and 1st account.
in my original statement I provided pictures of a bruised arm (mild bruising) and a punch whole in a door from a previous incident where police wasn’t called.
2 previous police call out from neighbours who overheard arguing. No previous arrests and he has a clean record apart from driving offences for points.
There’s been no bail breaches.
I hit him in the groin area in the incident out of self defence which I admitted straight away and was in my statement. He has also said this from his side (shock).

was classed as ‘high risk’ by police and put on marac presumably because I am pregnant and have a young child. Ever since have been classed as low risk and no one is concerned.

can I just say again the relationship will not be resumed and I know how disgusting this behaviour is. I just can’t cope with the stress and uncertainty. SS are surprisingly supportive, I am working with them completely and have been honest about retracting and my reasons why. No child protection concerns from their point of view.
police said it’s unlikely cps will summons me.

what do you think the likelihood is of CPS deciding to charge? And how long are CPS taking to make these kinds of decisions? I’m in the south west.

Anybody??

I don't think anyone can answer with any certainty unfortunately.

Presumably retraction makes a conviction less likely?

Honestly? CPS are unlikely to take this forward. It does happen that they prosecute people without the support of the victim but in my experience this is usually when there is other evidence that “proves” the offence without the victim’s statement being required - incident captured on CCTV or statements from independent witnesses. You have effectively withdrawn the only evidence by withdrawing your statement. Without any evidence there is no realistic prospect of a conviction.

I am not saying this is definitely what will happen, but I think it is fairly likely.

My exh was charged with assault even though I withdrew my statement and went to the court to support his request for bail conditions to be lifted.

Given your history and the fact you are vulnerable, I would say its likely he will he charged. Unfortunately it is down the the CPS and is out of your hands.

anyone Know how long it’s taking cps to make a decision at the moment? I know it all varies so much

According to this it should be within six weeks. But like lots of organisations, CPS has huge Covid backlog so that may impact it.

Is there any other evidence aside from your statement? Such as body worn video from the scene, 999 call, I injury photos, witness evidence or hospital notes? If not then without your support it would be impossible to charge unless they considered requiring you to attend which they won't. If you google the CPS's guidance on victimless prosecutions that will give you some idea.

In terms of time it depends on where you are in the country but as this is likely to be what's called a summary only offence any charge has to be laid within six months of the offence. Usually a case will be considered for charge by the cps within 28 days.

Sorry OP I can see you've answered a lot of what I asked! The previous call outs are likely to cause them some concern depending on the detail.

The BWV would usually always be on.

My friend is waiting for a CPS decision at the moment. Not dv related. Has been told its likely to be 18 months before decision.

The previous call outs never resulted in a arrest or anything, just a referral to DV agency’s

unsure if the body cameras were on as they never said, If so they would be of my first account and just generally upset. He was outside at this point calm as if nothing had happened

My DD (22) is still waiting for CPS decision on her case. We got told 6-8 weeks. It's been 7 months. Not ideal when she wants to move on from her trauma (DV) and get on with her life but I'm hoping I'm right in thinking no news is good news (ie he'll be charged) He on the other hand is swanning around without a care in the world according to folk. It's shocking. But the CPS have got to get it right first time so on one hand it's worth the wait, on the other hand it's shite for her but here we are.

Shame on you for not following through with this. You may say you are not getting back together, but if he has done it to you he will do it to others, and yo7 are letting him get away with it

if this was your daughter would you be happy she let someone off?

I think it’s area dependent - it’s pretty quick where I am (South East). I was surprised to read your case had been classified as ‘low risk’ though - where has that come from? I would think you are at least Medium.

@Tinkerbyebye My DD Was with her ex for only 8 months and he treat her horrendously. She left his ass and reported him to police. It took a hell of a lot of courage on her part to do that though as the stuff he'd threatened her with if she ever told anyone was absolutely vile, she was scared stiffI won't put it on here and can't say much as it's still ongoing. But he's gone on to hit another girl he got with after and she reached out to my DD. Bearing in mind this is while he's been on bail for DV against DD! He just doesnt care one bit and clearly not learning is he? . I've got everything crossed they're going to throw the book at him. But just goes to prove, even if they DO get reported and get locked up or whatever, they STILL can go on to do it to others

While I understand your point of view, I am not sure if it's helpful and supportive to op.

I dont know why she has withdrawn, possibly scared, emotional etc, but it was her decision

Sounds to me like you want him to get off from this but in all honesty he assaulted you so shouldn't get away with it.
He will just do it again either to you or another victim.
Sorry if it sounds harsh but it is reality.
Please don't get back with him as you are already feeling sorry for him by the sound of things.
Please take care of yourself and your unborn.

@Greenshake@Greenshake it also depends on whether the offences are summary only like common assault for example or indictable eg GBH. Summary only have to be heard in magistrates within 6 months I believe so CPS is usually a lot quicker. . There's no time limit for crown court though, it's a case of how longs a piece of string

@piperpheobepruepaige very true. My DDs ex has assaulted another girl while he's been on bail for DV offences my DD reported him for! Just goes to show doesn't it?

@NothingToday1 thank you for that! I'm already feeling more confident about my DDs case after reading that 🥳 can J just ask how long CPS took to come back with a decision?

OP I can't advise on your Qu, sorry, but I must post to say:

@Tinkerbyebye shame on the perpetrator not OP !

@medianewbie i don't think people really understand how hard it is to leave

Still waiting for a decision for assault on a minor since the beginning of May , police said it's just about ready to go to CPS
Perpetrator is still on bail , next time to present is January so not holding my breath

@Itsalldramarama my DDs file was sent shortly after his arrest and were still waiting. That was 7 months ago 😢

@Pinkro huge factors at play here.
First huge one is the fact that you're pregnant. In the eyes of the law, that's serious. Also the fact that he's been reported before and you've been referred to DV services. He might not have been charged or even arrested in the past but it'll be logged on the systems and possibly flagged.
CPS can go with an evidence based prosecution if they see fit which basically means without your cooperation. You might have put a statement in and retracted it BUT they may see it as enough to go on. They may see you as scared and go ahead with a prosecution in your best interests. Or he may get away with it and get NFA or a caution. It could go either way really.
Sorry to say this but from what you've written in your OP, It definitely sounds like there's a pattern forming. I hope you make the right decision and stay away.