False Assault Reported by Neighbors and we are in Deep Trouble

[islandgirl]

If you don't mind me saying all this is a little rose-tinted! Section 9 statements? https://www.legislation.gov.uk/ukpga/1967/80/section/9
This is simply written rather than oral evidence which saves witnesses going to trial. Advice above (thank you echat11 and Des-8 ) is the same as mine - go and talk to the Police. Use a solicitor. Try all you can to get the matter dropped. You will not be able to contact the CPS on the matter yourself I do not believe. I have seen many cases which should never have come to court - it happens. Get yourself a solicitor and be prepared.

[Kris23]

Yeah, you are right. We have to be pragmatic.

Meanwhile, we got the reply from Solicitor that they would take over my representation from Duty Solicitor and send a letter on my behalf to the officer and my partner as well trying to close it soon. But just for helping with this before it goes to court they are quoting 2500

On one side, the investigating officer said to my partner that there is nothing that can be done before he submits to CPS and the solicitor is quoting that much for anything they can do before then. So, wondering if this really helps and makes sense to push him before then shelling that amount. And they said it will be a different quote if this goes to court while mentioning they would do their best to get the charges dropped before then.

I am in a dilemma if I should be represented from now to CPS or should we simply go with my partner letter to the officer/station and wait for their response.

We are planning to ask the solicitor if they can just help with submitting letter from my partner to the officer and how much would they charge separately. We are thinking of taking a call on my representation based on the response of Police after that.

Your views on this approach please. islandgirl echat11 des8 I have no one to share all that we are going through except you people on this forum.

Thanks

[echat11]

Facts are facts, the police don't have all the facts (only the last 30-40 seconds). If you both give a 'full statement', covering the 'quarrel' from start to finish, they can't proceed with the partial evidence they have. Quarrels go on every single day and police don't attend. You've spoken to a solicitor, I'm not sure what they can offer at this stage.

Is there CCTV covering the car park?

[Kris23]

No. That is the main problem. I insisted during the interview the same if they can get a full footage but unfortunately there is nothing around. Someone's misunderstanding of what happened there is giving us so much trauma. We keep wondering if we should submit a statement to them through police and ask for their help to take back the complaint. But police denied any possibility of such options.

Quarrels go on every single day and police don't attend.

This is exactly what my partner questioned the officer. She even asked if he ever lived together with someone in life to understand how there can be petty quarrels one moment and get together the next moment. He had no answer to that.

We are hoping to get this solicitor or someone else to draft a proper letter and meet the police as next step. Looking at options where someone can help with wording and submission process for a reasonable price

[echat11]

R0b This isn't Rob's area, but he's great with statements.

[Kris23]

Hi R0b and others please could you advise. We are planning to meet the police office in person and hand over a written statement by my partner explaining the full incident and requesting him to consider dropping the case. But we are not sure of

1. How to approach this
2. What is the format should be - Whom to address, what to write/not-write in that letter so we don't write something silly that may do more harm than good to our situation.
3. If he doesn't want to meet or entertain us to handover this letter to him, whom do we submit this and what is the official process of submitting such a letter.

We want to submit such a letter for sure as there is no official statement from my partner that is recorded in this case yet. It has been her verbal requests to police to stop all this. We are hoping that such a letter will serve as an evidence and request from my partner to help CPS decide not to progress and drop the charges.

Thanks

[echat11]

Some of the following in the example won't apply as there are no proceedings at this moment in time. So use the bits that apply.

Have a go at the Statement, then post it up without personal details, where you have personal details, use XXXXXXXXX - https://nechambers.co.uk/witness-statement-example/

[R0b]

Hi R0b and others please could you advise. We are planning to meet the police office in person and hand over a written statement by my partner explaining the full incident and requesting him to consider dropping the case. But we are not sure of

1. How to approach this
2. What is the format should be - Whom to address, what to write/not-write in that letter so we don't write something silly that may do more harm than good to our situation.
3. If he doesn't want to meet or entertain us to handover this letter to him, whom do we submit this and what is the official process of submitting such a letter.

We want to submit such a letter for sure as there is no official statement from my partner that is recorded in this case yet. It has been her verbal requests to police to stop all this. We are hoping that such a letter will serve as an evidence and request from my partner to help CPS decide not to progress and drop the charges.

Thanks

Sorry, criminal law is not my specialty so I cannot comment. I would suggest contacting a solicitor for advice before providing a statement of any kind as the contents of that statement could be used against you to pursue charges. Sometimes, doing nothing is better than trying to do the right thing and although I may be tarnishing every police officer with the same brush, if they are out to get you, then it doesn't matter what you do or say as they will find something to pin on you.

I would stress again, get a solicitor involved or you/your partner must accept the consequences of what might follow.

[Kris23]

Thanks R0b echat11 islandgirl for all the thoughts. R0b - we are planning to get the letter past a solicitor.

On the below suggestion from echat11 we tried to use the template and sharing something here for everyone's review though. Please have a look.

Have a go at the Statement, then post it up without personal details, where you have personal details, use XXXXXXXXX - https://nechambers.co.uk/witness-statement-example/

Case Reference#xxx for suspicion of Common Assault
Name of the person making statement: xxx
Date: Today’s date

Concerning the above incident reference number, I, namexxx, occupationxxx, of addressxxx would like to give a written statement on account of the incident occurred on Date of incidentxxx.

Introduction:
I am xxx, partner of the defendant xxx and the presumed victim.

Purpose of the statement:
Appeal for no further action.

Exhibits:
Couple of video recordings that the police mentioned as someone filmed in the apartment complex and reported to them, which, I will refer to in the course of this statement.

Narrative:

• Me and my partner had a petty quarrel that started inside the flat. I had requested him to accompany me for shopping but my partner had other plans. The argument got prolonged and I lost my cool.
• My partner headed towards the car and I followed him to the car park. I tried to stop him not to get into the car. He managed to get in and I tried to pull him out. When I couldn’t do that, I ran and sat in the passenger seat beside him. The argument continued for about 10-15mins.
• He stepped out of the car and came towards my side and asked me to get out of the car. I was very upset. I didn’t want to come out and I started pushing him away from the car. Then he tried to hold me to pull me out of the car. We were pulling ourselves back and forth. We were shouting at each other and I started threatening him that I will ring up common friends. He questioned who am I to stop and said he would call my son. Then we decided not to prolong it further also being conscious of the surroundings. I came out of the car, walked out of the apartment to get some fresh air and he left. Meanwhile he called my son to check on me. I came back to the flat and I was resting. When he was back home, he checked on me again and started playing musical instrument. We were back to family life.
• When the police came to our flat to arrest my partner, I was told about the video recordings that they thought my partner was assaulting me by pulling me out of the car before forcing my head down causing forcefully to hit the dashboard. I instantly understood that the evidence is clearly incomplete and a misrepresentation of the situation and facts with just the last few seconds of the whole incident of 15mins. The complainant did not fully understand the context of the whole situation and that 40 seconds will never show the truth of what happened. They can never understand that neither of us has ever caused the other the slightest harm. I was totally puzzled and explained to the lady officer that there was no assault of any sort. She checked me and saw that I had absolutely no injuries. I highlighted that it was a petty quarrel and my partner is not harmful.
• A day later, when the investing officer had visited my flat, I explained the same thing again.

I am the legitimate witness of the incident/whole episode and I'm giving this written statement with full consciousness and without influence of anyone, for the truth to prevail. The facts stated in this witness statement are true.

[echat11]

The statement needs work, as Rob stated, they could use that statement against you, what you want to say and how you've said it might not be reflective of your intentions.

You need to find a Direct Access Criminal Barrister (do some research on them), someone who can give you a reasonable 'fixed fee' quote - low (get several quotes), for preparing the statement.

[Kris23]

Thanks echat11 . I shall search and find someone to prepare the statement.

Meanwhile, any suggestions/changes on the above letter itself?

[echat11]

Thanks echat11 . I shall search and find someone to prepare the statement.

Meanwhile, any suggestions/changes on the above letter itself?

Remember cost, you have the 'bones of the statement, but it needs to be 'smoothed' out, e.g. 'shouting' sounds aggressive, 'we were talking loudly at each other'.

[Kris23]

Ah ok. Understood. Thank you.