Court Conviction without Arrest

[Photega]

Query which is bugging me. I was following a complaint from my Ex Wife arrested by the police for Assault, as I was at hospital awaiting treatment for an injury inflicted on me by someone else and was advised I would have to come back the following morning to have the wound tended to under general Anaesthetic after calling this in the officers concerned dearrested me and said I would be called in for interview later in the week.
I attended the said interview had a duty solicitor present for the interview and was subsequently interviewed at length about the alledged assault.
I was then told I was being taken to court and was charged with Harassment on 2 specific dates one being the date of the alledged assault and one a date some 4 weeks prior.
My query is at no point was I rearrested or had the usual statement about my rights read to me therefore was this a procedural error being I had been dearrested for the original charge of Assault which had no basis in fact and I was never subsequently arrested merely attended voluntarily for interview?
I should also point out that I have never received a charge sheet from the Police at the interview and indeed on the basis that they were approaching the CPS whether it was in public interest to take the Assault matter to court.
The next I get is a summons to appear in magistrates for a charge of harassment without violence.
TIA

[des8]

To clarify:
You attended a voluntary interview with duty solicitor present (not under caution}
Subsequently had a further interview.

Was the second interview held without the presence of your legal representative?
You should have been cautioned if this interview was formal.

I would advise a consultation with a solicitor working in criminal law asap.

[jaguarsuk]

Okay so as Des says on attending the interview (so when they took you from the waiting room) they should have read your rights. I would have also expected them in starting the interview to state that you are there voluntarily and have the right to leave if you wish as you have not bee arrested then further read you rights for the recording.

If they did not then yes procedurally they have made a mistake and this matter should have never been brought to trial.

They don't have to inform you that they are going to CPS for a charging decision, however if the decision is to charge then they should have told you that they need you to attend the Police Station where you would be formally charged and asked to reply to the charge then sign to confirm. You would then have been bailed or remanded in custody either way being given a copy of the charge sheet.

You mention you had a summons and I assume were convicted via the title of the thread. As such you will need to engage a solicitor to appeal the conviction and time is a factor, so sooner as opposed to later. It seems the Police have made a couple of mistakes in your case.

[Photega]

Hi
Thanks for the replies Des8 and Jaguarsuk.
Well firstly no I only attended 1 interview. Following the allegation of assault by my ex wife, I was in the waiting room at A&E awaiting treatment to my arm that was bleeding profusely as I too was assaulted by a neighbour an offence the Police refused to investigate. whilst in the waiting room the Police arrested me and whilst searching me and taking my goods it was explained that I would have to come back to the hospital again at 7.30 in the morning to have the wound to my arm properly sorted under general anasthetic at this point one office called their supervisor to ask how to proceed to ensure I was brought back to the hospital for the operation. After that conversation the Police then dearrested me for the offence of Assault and said they would call me to arrange for me to come into the police station for an interview about the allegation and they would arrange for the duty solicitor.
I attended that interview later in the week and was told I was there to discuss the alledged assault and cautioned that the meeting was to be recorded. At the end of the meeting I was told that the evidence would be discussed with a supervisor the following day and a decision taken.
The next I heard was in a summons to appear in court for the charge of Harassment (not Assault), I have no recollection of ever signing any form with the police regarding a charge of Harassment the only thing I signed along with the duty solicitor were on the recording CD's. Indeed the first I heard was that the charge was Harassment not Assault was when the summons arrived.
I was never invited back to the police station to be formally charged or had my rights read to me regarding a charge of Harassment which if I read you right I should have been asked to sign.

In this then follows a 2nd question, the charge at Magistrates court was that I harassed my ex by driving into her street on one date, I did not approach her door or indeed say anything to her and that on another date some 28 days later I harassed her by leaving her voicemails on her mobile.
As she said she felt harassed by me she asked for the magistrates hearing to be heard in-screen and as I could not afford legal representation the court appointed the duty solicitor that attended the police station to question her.
He then left the room and I was there with just personal friends, the trial took over 5 hours including a 30 minute lunch.
At the hearing the voicemails were played to the court and when under question by the CPS it was revealed that these voicemails were actually from a different date not on the charge sheet, I tried to contest this point but was shouted down by the CPS prosecutor,
I have already lodged my appeal to crown court and a directions hearing heard and date set for the appeal hearing next month. At the hearing the judge says that it will again be held in screen and to ease the process they would appoint the same solicitor to question my ex. Now in discussion with the court clerk I was told a solicitor was not allowed to address the Crown Court and it would have to be a barrister which they would appoint and I would get to meet just before the case.
I should point out that I cannot afford to pay my own barrister, I am currently fighting a messy divorce and having been left with lots of household debts struggling to keep a roof over my head. I was rejected for Legal Aid for the magistrates case as I earn more than £22k but I also now read that at Crown court the legal aid limit is £37.5K which I don't earn but not sure if legal aid would fund a case for an appeal in these circumstances.
Sorry for the long messy description and muddled questions but am sure you appreciate how confusing all this is to the lay person like myself.

[jaguarsuk]

I attended that interview later in the week and was told I was there to discuss the alledged assault and cautioned that the meeting was to be recorded. At the end of the meeting I was told that the evidence would be discussed with a supervisor the following day and a decision taken.

The exact wording of that caution would be relevant, as if it included your right to silence then they have followed procedure.

The next I heard was in a summons to appear in court for the charge of Harassment (not Assault), I have no recollection of ever signing any form with the police regarding a charge of Harassment the only thing I signed along with the duty solicitor were on the recording CD's. Indeed the first I heard was that the charge was Harassment not Assault was when the summons arrived.
I was never invited back to the police station to be formally charged or had my rights read to me regarding a charge of Harassment which if I read you right I should have been asked to sign.

The referral to CPS of Assault then being changed to Harassment isn't uncommon, but it is surprising you were not invited to be charged formally given the proposed charge had changed. That wouldn't amount to a fatal procedural error to their case though.

In this then follows a 2nd question, the charge at Magistrates court was that I harassed my ex by driving into her street on one date, I did not approach her door or indeed say anything to her and that on another date some 28 days later I harassed her by leaving her voicemails on her mobile.

As she said she felt harassed by me she asked for the magistrates hearing to be heard in-screen and as I could not afford legal representation the court appointed the duty solicitor that attended the police station to question her.

The Protection from Harassment Act 1997 s1(1) states that it is offence to conduct yourself in a way that you "know or ought to know amounts to Harassment." It will have been argued in your case that you ought to have known by the content of those voicemails that your conduct would have amounted to harassment.

The inconsistency of the prosecution evidence is what needs to be challenged, but that said if the dates of those voicemails fall after you split and the content of them is sufficiently against the PfHA 1997 then it might not matter.

He then left the room and I was there with just personal friends, the trial took over 5 hours including a 30 minute lunch.
At the hearing the voicemails were played to the court and when under question by the CPS it was revealed that these voicemails were actually from a different date not on the charge sheet, I tried to contest this point but was shouted down by the CPS prosecutor,

Shouting, causing a disturbance in court or arguing in a manner that could be seen as aggressive just plays into the prosecutions hand of you being what they accuse you of.

I have already lodged my appeal to crown court and a directions hearing heard and date set for the appeal hearing next month. At the hearing the judge says that it will again be held in screen and to ease the process they would appoint the same solicitor to question my ex. Now in discussion with the court clerk I was told a solicitor was not allowed to address the Crown Court and it would have to be a barrister which they would appoint and I would get to meet just before the case.

That is correct.

I should point out that I cannot afford to pay my own barrister, I am currently fighting a messy divorce and having been left with lots of household debts struggling to keep a roof over my head. I was rejected for Legal Aid for the magistrates case as I earn more than £22k but I also now read that at Crown court the legal aid limit is £37.5K which I don't earn but not sure if legal aid would fund a case for an appeal in these circumstances.

Perhaps you should look for a legal aid Barrister in your area and arrange to meet them, as if they are able to indeed get legal aid to represent you they will take over the matter from you dealing with it and this will negate the need of the Solicitor questioning you ex.

The reason the court has appointed the Solicitor is on the basis that until the day you are representing yourself (on the day a rep is appointed to you) and therefore it would not be proper for you to cross examine your ex.

The problem with using duty representation is that they have very little time to understand your case, prepare their arguments and none to potentially source witnesses or other parties to support your submissions. As such trying to engage a Barrister via legal aid to represent you at the appeal should be your priority.

[Photega]

Thanks for that explanation, it should be pointed out that it was not me shouting but the CPS Solicitor who to those there with me seemed to think she was trying to cover up the point I was making about failing to clearly disclose the voicemails which did not relate to the dates of the charge she then went on to start discussing matters from long ago where again I was provoked into calling my ex wife due to her insistence on breaking a mediated agreement allowing me to share time with my dog which she took when she left.
The reason I believe they didn't play the voicemails from the date in question in the charge is the contents did not show my ex in a favourable light as I had called her after she sent a gang of people round to intimidate my neighbour who I had left the dog with whilst I was taken to hospital by her husband due to large cut in my arm. This neighbour and my ex used to be friends and my ex was fully aware of the fact she had suffered a mental breakdown in the past so sending a gang of 6 or 7 people round banging on her door and threatening to bust her door in to get the dog if she didn't hand it over, needless to say I was furious that she would do this to my neighbour who was totally distraught when I got back from hospital, so left her a voicemail pointing out how cruel and evil this was which I think the CPS thought wouldn't portray my ex in a very good light.
To my mind there is a failing here in not clearly disclosing the evidence they intended to use, also there seems to be a failing in the court acknowledging that the only times I ever called my ex were when she provoked matters usually by refusing my contact with my dog, this she had done on 3 occasions since the mediated agreement in the following 5 months.

[jaguarsuk]

Thanks for that explanation, it should be pointed out that it was not me shouting but the CPS Solicitor who to those there with me seemed to think she was trying to cover up the point I was making about failing to clearly disclose the voicemails which did not relate to the dates of the charge

Absolutely she was as it was an inconsistency in the evidence. The burden of proof in a criminal trial is beyond all reasonable doubt, so highlighting that the prosecutions claims the charge amounts to voicemails on X date and is now presenting those of a different date should put doubt into the mind of the magistrates/jury (which ever it was heard in front of).

she then went on to start discussing matters from long ago where again I was provoked into calling my ex wife due to her insistence on breaking a mediated agreement allowing me to share time with my dog which she took when she left.

This should have been objected to in the court as they have failed to disclose the evidence to the defence prior to the trial and your solicitor should have asked that the court order disclosure of all evidence the CPS intends to reply upon in the case, then adjourn the trial to allow the defence time to properly prepare their case.

The reason I believe they didn't play the voicemails from the date in question in the charge is the contents did not show my ex in a favourable light as I had called her after she sent a gang of people round to intimidate my neighbour who I had left the dog with whilst I was taken to hospital by her husband due to large cut in my arm. This neighbour and my ex used to be friends and my ex was fully aware of the fact she had suffered a mental breakdown in the past so sending a gang of 6 or 7 people round banging on her door and threatening to bust her door in to get the dog if she didn't hand it over, needless to say I was furious that she would do this to my neighbour who was totally distraught when I got back from hospital, so left her a voicemail pointing out how cruel and evil this was which I think the CPS thought wouldn't portray my ex in a very good light.

These voicemails are crucial to your case and you need to obtain copies of them, the CPS have listed them in their evidence and you want disclosure of them. This is why you need to make an appointment with a legal aid Barrister your number 1 priority.

One whom is conducting a course of Harassment against another cannot then claim to be the victim of harassment.

If what you are saying is true then you should be acquitted of harassment and then you should make a report to the Police your ex for harassment under the Protection from Harassment Act 1997 as she should know or ought to know that in inciting those individuals to their actions she would cause you harassment.

To my mind there is a failing here in not clearly disclosing the evidence they intended to use,

This requires the Solicitor to challenge it though and as I stated in my last post it is very hard to properly understand a case on an hour of notice, so easy to miss little inconsistencies and why engaging legal representation now is a must to ensure your barrister is able to get all their ducks in a row to take aim at the CPS.

also there seems to be a failing in the court acknowledging that the only times I ever called my ex were when she provoked matters usually by refusing my contact with my dog, this she had done on 3 occasions since the mediated agreement in the following 5 months.

Her breaking the agreement does not allow you to engage in conduct that you know or ought to know amounts to harassment. If she is in breach of an agreement then you have to go through the proper channels of firstly writing a professional letter stating the breach and how you intend to resolve it if she continues (that being via the courts) and if ignored then the appropriate court action to enforce the mediated agreement.

[Photega]

Many thanks
Unfortunately the magistrates court only appointed the solicitor for the purposes of questioning my ex, as soon as this was done he left the court so couldn't object. I tried to object but that is when she started shouting me down.

The big issue as it was then for me is the cost of employing legal representation, I have had to try and keep a roof over my head and food in my belly single handed whereas before my ex and stepson contributed to the household, she left me lots of debts to pickup. All this whilst also undergoing serious medical issues which reduced my capacity to earn.

As for going back to court this again costs I had already paid over £300 for the first case to get the mediated agreement and to take it back would cost me nearly the same again.

I don't believe my actions on these dates amount to harassment, I didn't even know she lived in that cul d sac and was only there carrying out an errand delivering something for a friend, I did not approach her house nor have I since and the phone messages on the date given were only left following her despicable actions of sending a gang round to a neighbours house banging on her windows and shouting they would kick her door in if she didn't give them the dog so I would hope any sensible person would see that this was very provoked as were the messages on the date they did play to the magistrates.

The harassment I suffered was not from her but from a neighbour and his daughter who are her friends, at the time it was unfounded claim of harassment and indeed initially being called Assault, unfortunately the Police take the line you state that as I am being investigated for an offence I cannot be the victim of an offence by someone else, I was even shocked to be told by victim support that they cannot speak to me or help me for the same reasons which I find quite a shocking state of affairs

[jaguarsuk]

Many thanks
Unfortunately the magistrates court only appointed the solicitor for the purposes of questioning my ex, as soon as this was done he left the court so couldn't object. I tried to object but that is when she started shouting me down.

Okay, so were you in the dock or sat on the benches representing yourself?

The big issue as it was then for me is the cost of employing legal representation, I have had to try and keep a roof over my head and food in my belly single handed whereas before my ex and stepson contributed to the household, she left me lots of debts to pickup. All this whilst also undergoing serious medical issues which reduced my capacity to earn.

On arrival at court you should have requested the Duty Solicitor represent you.

As for going back to court this again costs I had already paid over £300 for the first case to get the mediated agreement and to take it back would cost me nearly the same again.

Unfortunately this is the only avenue of redress for breaking the agreement and if you were to make those sorts of phone calls again I have no doubt you will be reported for them.

I don't believe my actions on these dates amount to harassment, I didn't even know she lived in that cul d sac and was only there carrying out an errand delivering something for a friend, I did not approach her house nor have I since and the phone messages on the date given were only left following her despicable actions of sending a gang round to a neighbours house banging on her windows and shouting they would kick her door in if she didn't give them the dog so I would hope any sensible person would see that this was very provoked as were the messages on the date they did play to the magistrates.

Agin this is why you need to engage a legal aid barrister.

The harassment I suffered was not from her but from a neighbour and his daughter who are her friends, at the time it was unfounded claim of harassment and indeed initially being called Assault, unfortunately the Police take the line you state that as I am being investigated for an offence I cannot be the victim of an offence by someone else, I was even shocked to be told by victim support that they cannot speak to me or help me for the same reasons which I find quite a shocking state of affairs

Well this depends on whether their harassment pre-dates her report to her police?

[Photega]

Hi Thanks for the responses I will respond to each point in turn
I sat in the benches but was put in the dock and swore on oath
I didn't know I could ask for the duty solicitor given the court had appointed a solicitor to question her on my behalf, I must admit I was shocked when he walked out of the court after doing this.
I cannot find a local legal aid barrister to seek to instruct.
On the last point following a complaint to the Chief Constable I have this evening had a visit from a Police Sergeant who will investigate why my complaints of Assault on myself and harassment against myself were not properly investigated, think he was quite shocked by the behavior of some of the police officers I have had to deal with and actually admitted that the first officer I complained about last August has now left the service "and not before time too!" his comment.
As for the others he believes I have been badly let down so I guess on that front I can only hope that action takes place.

[jaguarsuk]

I cannot find a local legal aid barrister to seek to instruct.

Contact the Crown Court and ask them if they are able to point you in the right direction.