partner charged with gbh section 18, criminal damage and affray.?

Question

refused bail by crown court.remanded in custody.cctv shows him throwing some cans of beer around a local shop.he was verbally attacked (no sound on cctv).apparently seen with a knife or bottle but defending himself from being hit with an iron bar.5 against one.one man had a cut to his cheek which never equired stiches or hospital.partner has recordbut clean for 17 years.i think police have said he tried to avaid capture when in fact he never came back in property.police rude to me and one tracked mind.charges seem excessive

Answer 1

If your partner was defending himself with a knife then what was he doing carrying a knife......???
Also, affrray is a disturbence amoungsst two or mor epersons and therefore two or more persons should be charged for the same offence....if your partner is being charged alone then this charge should be dropped.
The criminal damage is usualy just a fine so i'd try not to worry about that.
What about witnesses in the shop? where are they?
The reason your partner's been charged with a section 18 is because he used a weapon with the intention on seroiusly harming, if not killing another person.
The courts will decide how serious the offence is when the case comes to court.
I recall a case i encountered a few years ago involving a young man who answered the door at his house to a man who tried to barge his way into the house. The young man, in defending his home and his children, who were asleep in the home, used a baseball bat, which was resting behind the front door after being used duing the day whilst playing baseball.
The young man was charged with a section 18 assault and went to crown court and it was there that the judge looked at the case and realised that, although excessive force was used, the intent to harm/kill was not there and the case was tried on a lesser charge of assault.
Th ebarristor your partner has is not a good one if all the charges are being upheld.
Change the barristor and tell your partner to plead guilty only to any charges relating to self defence.
Every man has a right to defend ones self

Answer 2

If he were in possession of a knife he would have been charged with possession of a bladed article. Self-defence has to be reasonable in the circumstances though we can't comment on that here because we don't know the full facts, however if he was the victim of verbal attacks then query whether it was reasonable in the circumstances to become violent. The Crown might accept a plea to ABH.

Also, it is not the police who decide the charges it's the Crown Proseuction Service

Answer 3

The charges seem excessive? From the sound of it, you weren't there. You may or may not have seen some cctv footage of parts of the event and got some hearsay from other/s, possibly the person in jail or someone close to them. The cops don't want to talk to you about it and seem rude? You weren't there, you weren't involved and you are not a defense attorney so they have no requirement to tell you anything. Obviously this is not in the U.S. so procedures and rules might be somewhat different, but even still, without full knowledge of all the events, you can't make an intelligent evaluation of the situation.

Answer 4

Depending what the c.c.t.v footage shows. Your partners solicitor will get a copy if he requests it and your partner will be able to view it.

Your partner can also apply to Judge in Chambers for bail and may be granted it if he has a reasonable excuse for trying to avoid capture eg he was frightened, did not go back to the premises etc.

If the Police were rude to you make an official complaint to the chief constable.
Get a good criminal solicitor for your partner. If the C.P.S don't think that they have a good enough case for a section 18 they will drop it to a section 20 but on saying that a section 20 can sometimes carry just as big a sentence.
Good Luck.

Answer 5

First of all, this probably belongs in the law section. You are going to get creamed for this question by people that seem to be very judgmental in the parenting section and they will give you a bunch of answers saying only that he should rot in jail, and none of it will help you at all. Now, on a different end, I don't think they can force you to testify if you never made a statement, or a complaint. I think the only way they can make you testify against him is if you yourself pressed charges (and not the state), or if you made a statement to the prosecuting attorney.

Answer 6

Do you not realize your partner is guilty under British law for defending himself sad but true the police only see what was happening when they got there put your trust in you get a good judge who will look at what really happened on CCTV footage and use his common sense good luck hold tight Dave

Answer 7

its strange how people who carry a knife then throw cans around a shop want to argue the technicalities of law. Imagine him getting dressed to go out with you. (1) better put on me jeans. (2) and me favourite trainers (3) and me T shirt with the aggressive logo. (4) Oh, musnt forget my knife !!!!!!!!
Might have to peel some potatoes for my lovely girls supper.?
This man is destined to a life of trouble because trouble is already on his agenda. Your lucky an old woman didnt ask him to get out of her way coz he might have knifed her.
oh, so the cut never required stitches ? well thats ok then??
isnt he considerate for not shoving the knife in a bit deeper.
Get a bloody life. People like your "man" destroy the fabric of a good society whereby law abiding people can enjoy themselves.

Answer 8

Criminal Records Search Database : http://www.SearchVerifyInfos.com/Help

Answer 9

What is your question? The fact the police were rude to you changes nothing. The fact that someone said something and he responded by throwing cans speaks volumes.

Answer 10

So because he was being verbally abused, he cut someone up with a knife and damaged property........nice bloke, I hope they throw away the key!