Section 89?

Question

Hello,
I was involved with a dispute with my partner recently.
Basically we have a long history and have been separated for 8 months. She came to my house with my 3 children one night. After the children were asleep we started to argue about money. She has got into a lot of financial trouble in the last 8 months and was blaming me. I took offense to this and explained that she has recieved her £500 maintenance every month, and cant balme me for her mess. She then went to bed in a huff. I pondered the situation and decided to try and resolve the issue. I asked her to come back down and sort this out as it was silly. She then became very insulting, and I went face to face with her telling her to take the insults back. She wouldn't and said she was phoning the police?!?!? I said what for - dont be silly etc. As we were both walking down the stairs I held her arm firmly and said dont do this its crazy. She ran out of the house. I closed the open door and she then rung the bell wanting to come back in. I told her no. An hour later the police arrive and question me. A WPC asks me to confirm if I grabbed her arm or not. I said I did - then she began to arrest me under section 39 (common assault).
I said this doesnt need to be happening and I'd assist them in the morning. Two more police entered the property I was angry at this and asked who invited them in etc. I was bustled into my hall at this time and was reluctantly hadcuffed. My daughters (5 and 3) witnessed this as they were crying on the stairs. When applying the handcuffs I was in pain - and my youngest daughter cried 'daddy', 'daddy'. The red mist decended and I headbutted one of the the policeman. I was then arrested again under section 89(1). I had 6 glasses of red wine and my partner 4 glasses on the night in question.Also we both have cautions against one another due to an incident 6 months ago. She hit me on that occation but during the melee she fell over - and I got cautioned for that?
I have no other record at all. Am a proffessional man in a position of authority. Own house etc.
Can you tell me if I can expect a custodial sentance?
I explained all above under interview. And the CPS wish to press charges.
Many thanks in advance.

Answer 1

Well you have the common assault thing, which is nothing much really, and then you have the section 89 which I would imagine is a section 89 (1) police act which is assaulting a police officer (could be 89(2) which is obstructing a police officer) - may be both. The more serious of the two is the assault Police. If the CPS wish to run this, then you'll get your day in court. If you plead guilty, I'd imagine you'll only get a fine of around £200 if all you have is a previous caution. You'll be very unlikely to get a custodial. Don't get mad at the Police. Domestic incidents are on the Police hotlist, and will end up with an arrest if there is an offence, no matter how small it is. If your ex made the allegation, they have to act on it.

Answer 2

You are very lucky. An assault on a Constable in the execution of his/her duty, contrary to section 89(1) Police Act 1996 is a summary only offence, which is punishable by 6 months imprisonment or a fine. A section 38 offence (assault with intent to resist arrest) is a triable either way offence with a prison sentence of 2 years.

Given that it is a summary only offence and, (assuming an otherwise good character apart from the odd caution) you can expect a fine and/or a community punishment order. A prison sentence is unlikely.

Because you were both drinking the CPS will probably offer no evidence for the common assault charge.

Answer 3

In my time on the job I dealt with numerous situations like this. So many in fact that it becomes depressing to think that people, particularly professionals who should know better, behave like this. My advice to you is to get on the good side of the Courts from the get go. When they tell you to attend a Pre-Trial Review Meeting with your solicitor be there at least fifteen minutes beforehand. Refer to the clerk/Magistrates as Sir or Ma'am and be honest in everything you say. It wouldn't hurt to have a shave and dress smartly. Aside from that there is nothing anyone can really say with regard to the sentence. The Courts see this kind of offence all the time, in fact its their bread and butter, so the Magistrates may give you a fine or a community order if you plead guilty or are found guilty after trial. It all depends on the mood their in on the day and how much of this they see on a daily basis. They could choose to make an example out of you and give you a tough sentence however if this is your first offence a custodial sentence is highly unlikely.

If I were the magistrate I would send down anyone who assaults an Officer for the maximum term possible. How would you like it if in the course of your job someone decided to randomly assault you? Did you seriously think that assaulting the Officer was going to improve the situation? If they barely had reason to arrest you in the first place you gave them more than enough for the CPS to charge you. Fortunately for you in my experience the Magistrates don't see Assault on a PC as a serious offence and more often than I care to remember the villians would be let off the hook in spite of excellent evidence showing his complicit guilt. In future don't get so close to the sauce and situations like this won't happen. Lecture over.

Answer 4

I'm my opinion, you are unilkely to get sent to jail for this offence, although the magistrates who will preside the case do have the right to imprison you. Since it is a fairly minor offence, you might get lucky and just get a fine. But on the other hand it was an attack against a police man and a woman, and you had been drinking. If I was the magistrate I would probably not send you to jail, but your Mags may well decide to. In the end then, it's essentially up to them, but I would say (from the little evidence you mentioned) there probably will not be a custodial sentence.
This may not be much help but there isn't much I can say. Just hope for the best, explain your regret at the incident and the stress of the situation and the fact you were in pain and you might be alright. Hope this helps.

Bruver

Answer 5

I'm tempted to say you should have behaved a little better, but I know what it's like being provoked. The police don't like to be hit and you're more likely to get into trouble for that than anything else. I don't know for sure but it would be daft to lock you up for something as minor as this, but like I said, you hit a policeman and they don't take kindly to that. Your employment/financial situation is probably irrelevant to them as well. And lets be honest, you are guilty, you've just admitted it, but that should be in your favour. And your partner should be ashamed for bringing this on you.
Good luck anyway.

Answer 6

I'm really sorry I can't help but I really feel for you