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Uk arrest warrant and family dispute

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  • Uk arrest warrant and family dispute

    I have a arrest warrant without bail. No appearance in answer to bail issued IN MARCH 2017 . I could not attend the court due to so many issues created by my wife and i returned to my country , as i was helpless at that time.

    My wife and daughter still in UK . she has separated from me.

    Now i feel i need to come to UK and face these legal issues as i need to get access to my daughter. My wife is not behaving well as per the information i'm hearing time to time.

    below two are the extract from court register

    1 CJ88116

    assaulted my wife by beating her
    Contrary to section 39 of the Criminal Justice Act 1988.

    2 CD71039

    without lawful excuse, damaged
    Samsung Mobile Phone to the value of unknown amount belonging to wife intending to destroy or damage such property or being
    reckless as to whether such property would be destroyed or damaged
    Contrary to sections 1(1) and 4 of the Criminal Damage Act 1971.

    --------------------------------


    1 ) can i know when i come to UK , will there be prison sentence for me OR is it avoidable ?
    2 ) what kind of fines i'll get from the court.
    3 ) or will the court will consider my situation and the problems .
    4) will i get legal aid ?
    Tags: None

  • #2
    S39 can certainly bring with it a jail sentence. It depends on the severity of the case.
    https://www.sentencingcouncil.org.uk...ommon-assault/

    Criminal Damage under s1 of a phone is likely to get a fine
    https://www.sentencingcouncil.org.uk...iminal-damage/

    Failing to appear whilst on bail is an additional offence when charged under s6 of the Bail Act 1976 and can also bring about a jail sentence.
    https://www.sentencingcouncil.org.uk...ender-to-bail/

    The assault and criminal damage charges are within the remit of the magistrate's court rather than the crown court so the ultimate sanction is lower than the crown court would otherwise be able to impose. The Bail Act offence could go to the crown court but I'd expect the magistrates would deal with it - it would, on what you said, likely fall in to a sentencing band where a jail sentence is indicated to the court.

    I don't like to pre-judge what a bench /district judge would give but I would expect that it's unlikely you'd avoid a jail sentence on the Bail Act offence and you may also get one on the s39 assault.

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