one for the pf legal bods section 18
#41
had thishappend to my mate kind of in a similar sutuation mate ur worrying over NOTHING its a minor. u head butted him my mate did the same and kicked him a few times 2 lol saying he tryed taking something out his pocket u didnt no what it was so acted quick. then just chat the crap talking about how scared u was and how worried u was about the kids etc. then say i cant stop thinking about it u couldnt sleep ur getting stressed all thetime even at work and were scared that he might come back as hes a bit stupid this is nothing to even worry about mate u dont even have to lie say what would u do if yourin the same situation etc
#42
You need to read and properly understand what you have been arrested on suspicion of. Section 18 involves an element of intent. Intent must be proved for a conviction on s 18.
In an ideal world you would have avoided any physical confrontation, or this physical confrontation would find you (ie someone in the street approaching you unaware). When you leave a place of apparent safety (a house) to confront another person in an unsafe place (the street) it could be said that you were going out there to confront so may be exiting the arena of 'ending up' in a violent episode and instead creating one.
I dare say aswell that the headbutt involves a period of defencelessness for yourself, exposing your head. Have a think to yourself why did you not just punch or kick him out of your way? That's what anyone looking at the facts would be thinking. If you just panicked, fine. You need to get advice on how you can explain your situation in the clearest way to get your innocence across. 100% wait until you have spoken to an experienced criminal solicitor before you make any further comment on the events. They will first try and get you off entirely or reduce it to s20/47 on account of the fact you lack the mens rea (the pre-requisite intention) to have committed a s18 offence. You didn't know who he was, you didn't know he was turning up so you can hardly be said to have planned it.
Regardless, if the girl was genuinely in a hostel at the time due to domestic violence, there will be records of it. Ensure you make notes of any details of this you may know. To get into a hostel she will have had to tell somebody, somewhere that this bloke was abusive. The fact she would lie for him later on is really a non event as her evidence would be clearly unreliable on the basis that she feared him enough to live in a hostel.
It's bloody awful that someone who obviously isn't concerned about abusing a vulnerable woman has ended up trying to get you stitched up, but it will sort itself out. Re: the facebook message, ensure you mention that (to the solicitor in the first instance) and get it documented and viewed as now he has put himself squarely in the position of threatening to break your legs. He obviously isn't the poor, defenceless victim he has made himself out to be.
Oh also...when was this broken ankle discovered? Any chance he was diagnosed as having it a few days after the fight? He may have been in another fight and decided he fancied blaming you for it. I heard a story about someone who was in a car crash and then another a few days later another with an uninsured driver which caused them quite bad injuries. They then wanted to pursue the first accident driver for the injuries they had a few days later from a completely unrelated incident. The human mind can do some weird things. That went down like a lead balloon I'd imagine.
In an ideal world you would have avoided any physical confrontation, or this physical confrontation would find you (ie someone in the street approaching you unaware). When you leave a place of apparent safety (a house) to confront another person in an unsafe place (the street) it could be said that you were going out there to confront so may be exiting the arena of 'ending up' in a violent episode and instead creating one.
I dare say aswell that the headbutt involves a period of defencelessness for yourself, exposing your head. Have a think to yourself why did you not just punch or kick him out of your way? That's what anyone looking at the facts would be thinking. If you just panicked, fine. You need to get advice on how you can explain your situation in the clearest way to get your innocence across. 100% wait until you have spoken to an experienced criminal solicitor before you make any further comment on the events. They will first try and get you off entirely or reduce it to s20/47 on account of the fact you lack the mens rea (the pre-requisite intention) to have committed a s18 offence. You didn't know who he was, you didn't know he was turning up so you can hardly be said to have planned it.
Regardless, if the girl was genuinely in a hostel at the time due to domestic violence, there will be records of it. Ensure you make notes of any details of this you may know. To get into a hostel she will have had to tell somebody, somewhere that this bloke was abusive. The fact she would lie for him later on is really a non event as her evidence would be clearly unreliable on the basis that she feared him enough to live in a hostel.
It's bloody awful that someone who obviously isn't concerned about abusing a vulnerable woman has ended up trying to get you stitched up, but it will sort itself out. Re: the facebook message, ensure you mention that (to the solicitor in the first instance) and get it documented and viewed as now he has put himself squarely in the position of threatening to break your legs. He obviously isn't the poor, defenceless victim he has made himself out to be.
Oh also...when was this broken ankle discovered? Any chance he was diagnosed as having it a few days after the fight? He may have been in another fight and decided he fancied blaming you for it. I heard a story about someone who was in a car crash and then another a few days later another with an uninsured driver which caused them quite bad injuries. They then wanted to pursue the first accident driver for the injuries they had a few days later from a completely unrelated incident. The human mind can do some weird things. That went down like a lead balloon I'd imagine.
#46
When you had a breif chat with the copper on the night, did he give you the +2 When Questioned caution? (caution + not under arrest + free to leave at any time) and was all this noted in his pocket note book?
When you told him what went on that will of gone down as either a significant statement (if he basically turned up and asked "what happened here then?") OR a recorded interview if you were cautioned.
Either way, you should of been asked to either read the pocket note book containing the statement (regardless of significant statement or cautioned interview) or it will of been dictated back to you and then you should of signed it at the end - Did this happen?
Also, If you were interviewed under caution on the night (which should of happened as per procedure) and then at the end of the interview were you cautioned again with the "now" caution (Google the differences between them)?
All this is set out in the home office codes of practice (Section C or D - can't remember as they are so bloody laborious and detailed) and if they wern't followed then the job hasn't been done right and it could be of some leverage for your solicitor to use
When you told him what went on that will of gone down as either a significant statement (if he basically turned up and asked "what happened here then?") OR a recorded interview if you were cautioned.
Either way, you should of been asked to either read the pocket note book containing the statement (regardless of significant statement or cautioned interview) or it will of been dictated back to you and then you should of signed it at the end - Did this happen?
Also, If you were interviewed under caution on the night (which should of happened as per procedure) and then at the end of the interview were you cautioned again with the "now" caution (Google the differences between them)?
All this is set out in the home office codes of practice (Section C or D - can't remember as they are so bloody laborious and detailed) and if they wern't followed then the job hasn't been done right and it could be of some leverage for your solicitor to use
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