Advice on my bail

[Benross]

Hello guys, in short 2 weeks ago me and my spouse got into an altercation where she alleges I put my hands around her throat and said I'd kill her before she got out of our car and ran away (just worth noting this is grossly exagerated). There were no other witnesses to this incident and I have denied it at police interview, however the police said that after the incident my spouse went to her friends house and told her what had allegedly happened and the police want to speak to this friend. I bailed and accused of assault and threats to kill.

We have 4 children together aged 4 , 7 , 10 and 11 and we have been together 12 yrs.

I was arrested Sunday night and bailed monday evening until 4th December. However I have heard via our kids and our friends that she wants to retract her statement and reconcile our relationship.

My question is......if she does this will the police allow her to stop this from going any further and secondly if she does retract her statement will the bail conditions be lifted so that we can talk about our relationship?



Thank you in advance guys and please don't judge me I'm not a wife beater it was a case of her snapping at me and being angry thinking I had been unfaithful to her.

[islandgirl]

There is no easy answer. Have you been formally charged?

[Benross]

I wasn't charged I'm on bail pending further enquiries

[islandgirl]

She can retract her statement if she wishes. You have only heard this second hand though. The CPS will decide whether to charge. It is always difficult to prove an allegation in court when there are only 2 witnesses (the people involved). Your wife can choose not turn up for your trial if you are charged and plead not guilty. There will then be an application to adjourn which, if granted, will see a witness summons issued to force her to come to court but she will need to give the truthful version of events. It may well be, if there is no history of call outs to your address etc that the CPS will not charge and conditions will be lifted. It is your wife's call whether she approaches the Police.

[Benross]

Thank you for your help. It was just me and her in the car at the time and there's no other witnesses. I just worry for her if she tries to retract it that the police will think she's either wasting police time or she lied in the first place.

[islandgirl]

I cannot speak for the Police or what they will do other than to say that this happens all the time. The Police / CPS will look at the history as they are (quite rightly) very careful in Domestic Violence cases and hands round the neck is very serious. They will look at any historical issues (have they ever been called to your address before) and then the CPS will decide whether to prosecute.