Posting on behalf of a friend,

J

JamesK

Full Registered User
Hello guys, I'm posting this on behalf of a friend of mine hes not got the best English so has asked me to post the questions and then translate them into simple English which he can understand.

Today at approximately 19:30 he got arrested for a crime which had happened on the 08/12/2013, he had already gave a statement and gave his side of the story, I also gave a witness statement as i was working while he was out on the town.

Basically what has happened is he had a altercation with a female about a hat he was wearing, she asked to swap hats they swapped hats, then the females friend assaulted him 2-3 times by slapping him and punching him.

He gave a statement and so did many others, including my self, 3 other doorman, and a few of the randoms that come to our venue.

He has been charged with "Beating, Contrary to section 39 of the criminal justice act 1988", What he wants to know is will the SIA take this into consideration? I've looked through the criminal record checker and it's not on there, and they also say if the offence doesn't show up they will not take it into account? Just want clarification on this.

Next thing is, It's being taken to Magistrates court and what he wants to know is if people are not willing to go to court to give a statement / Witness report can they still use their previous statement if they do not attend the Magistrates court hearing ?

And can he also take other people to the Magistrates court hearing of others that did not give a statement but was at the scene.

Thanks

On behalf of a friend.

James.

**Edit After looking again, i can find it on the SIA criminal record checker - "Common assault and battery
[s39 - Criminal Justice Act 1988]"
**
 
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If people don't want to go to court they can be summonsed to attend the court (I think summonsed is the correct term for Magistrates but I could be wrong). Witnesses could be brought that didn't give a statement at the time but they may be treated as less reliable.
Do you know if the other people are charged for attacking him?
Is there any CCTV of the incident?

I get a feeling the powers that be are hoping that he's just going to plead guilty to save the hassle of a court case - make sure he doesn't!
 
JamesK,

Was your friend not offered legal advice when he was arrested? If not then go get some NOW!!!!!!

As for the SIA they will only become interested if he has been convicted. Although if his licence is up for renewal whilst awaiting court they may not renew till the case is settled.

Get legal advice NOW!!!
 
rhea said:
JamesK,

Was your friend not offered legal advice when he was arrested? If not then go get some NOW!!!!!!

As for the SIA they will only become interested if he has been convicted. Although if his licence is up for renewal whilst awaiting court they may not renew till the case is settled.

Get legal advice NOW!!!
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Hello guys,

He was offered it but turned it down even though I told him to take it, even if he didn't need it he should have taken it.

There was cctv of the incident but the system crashed when they tried to view and burn it off, his badge is due for renewal 18 may, so he's got a little time to get this sorted.

They're are a few witnesses that didn't give statements at the start of the interview because they didn't feel they needed to, but are willing to now.

Thanks for the reply guys I will keep you updated with what happens in the case.
 
I have to agree with Rhea, I'm not sure what the score is with legal aid these days, but even if he has to pay it will be worth it. If he gets convicted the impact on any future job application will cost him, he will find it very hard to get any jobs until its spent and it will stop him getting some jobs long after that. Your Local Citizens Advice Bureaux usually have a list of solicitors that do legal aid. I'm sure a decent solicitor will also make much of the CCTV conveniently crashing when they tried to copy it.
 
Anyone who represents themself has a fool for a client.
A decent solicitor is part of the equipment we should all carry to protect ourselves.
Chances are with someone like Kaim Todner Solicitors in his corner, you wouldn't be having this conversation now.
He's rolled the dice, it was a gamble and he's lost.
Without representation and decent investigation, he''ll probably be convicted.
 
Hello guys, yeah i agree he should have used a solicitor and got legal help straight away, but this was his fault.

We've had a chat today and the one thing that throws up concerns to me is, on all the statements they have said that they seen the lady hit him first and then he restrained her arms and took her upstairs, My question is since all the statements have said since they have seen the lady hit him first how can they be charging him for Assault - Beating? ; / this just doesn't make sense to me!

One of the witnesses has agreed when he gave the statement that he would not be going to court about it, so that's a little bonus in his favor.

One thing which odd job posted when i ran into trouble is! everyone should have a solicitor saved into their phone book, as he said they are equipment and they need to be used! my friend wouldn't be in this situation now if he took my advice.
 
JamesK said:
Hello guys, yeah i agree he should have used a solicitor and got legal help straight away, but this was his fault.

We've had a chat today and the one thing that throws up concerns to me is, on all the statements they have said that they seen the lady hit him first and then he restrained her arms and took her upstairs, My question is since all the statements have said since they have seen the lady hit him first how can they be charging him for Assault - Beating? ; / this just doesn't make sense to me!

One of the witnesses has agreed when he gave the statement that he would not be going to court about it, so that's a little bonus in his favor.

One thing which odd job posted when i ran into trouble is! everyone should have a solicitor saved into their phone book, as he said they are equipment and they need to be used! my friend wouldn't be in this situation now if he took my advice.
Click to expand...

"Took her upstairs" can you explain that, why was he taking her anywhere? It may be that they are saying he used excessive force.
 
Was he working as a DS that night in the venue.?
If he was working and recorded on the books that night.
Sure he was within his rights to remove her if she was proving to be a danger to herself and others.
If he was out on the lash, and all that implies, then that is a bigger problem.
We can't fight his case, but might be able to advise a little.
Dealt with a case of assault were we had the 'victim', his girl friend and a DS for the prosecution.
In opposition we turned the case on its head, with 5x DS statements, the car valet, the manager and 2 people who were regular smokers at a club.
The more statements you now get, the more likely the CPS will drop the case, if they support your friends version.
In a girl v boy situation it's easy to see the girl as a victim first off.
And if your friend has limited English (I hope not as a registered SIA DS) then his words or Lack of them might be his biggest problem.
 
Im confused a little here............. at the beginning you state that he (your friend), was assaulted by the girls boyfriend/partner, on the last one, you state that the girl was caught on cctv hitting him first, and he(your friend) restrained her and took her upstairs, your friend was on the piss........ therefore he is a normal punter........ your friend should not have laid a finger on the girl...... when he did he opened up assault charge..... possible excessive force...... and the boys in blue rightly treated your friend as the aggressor............ her boyfriend/partner could say he only saw your friend grabbing his girlfriend and forcibly removing her from where the incident took place..... he then intervened to protect his girlfriend....
basically ...... if you are not working and you end up in a situation like your friend....... just remember that all the police see are 2 or 3 intoxicated people arguing or scuffling in the street......(breach of the peace)......... when your friend goes to court..... take a solicitor.... or speak to the duty solicitor......... if he walks in WITHOUT a solicitor..... he'll lose his license.....

he may lose his license anyway??????
 
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specialistk9 said:
was assaulted by the girls boyfriend/partner, on the last one, you state that the girl was caught on cctv hitting him first,
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The first post just says " then the females friend assaulted him 2-3 times by slapping him and punching him." No mention of a boyfriend.
 
so why have'nt they been charged.......... doesnt matter wether its friend or boyfriend......... the gist of it is...... he has been charged .... but does not say wether the girl and friend have been charged.......... no cctv to back up his claim........ unreliable witnesses... who now say they will not go to court on their statements??????..... and only his mate(writer) is now the only one going to attend........... and that's before he has spoken to a solicitor......

its not looking good
 
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