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#Post#: 108131--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: January 31, 2026, 8:13 am
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Thank you Southpaw given what you say, a guilty plea would be
correct, in respect that some physical force was applied, albeit
probably the lowest form of physical force
[quote author=NewJudge link=topic=9729.msg108059#msg108059
date=1769798153]
Before he enters his plea, he should be served with the evidence
the CPS intend to rely on to convict him. He will have three
choices of plea. If he agrees with the evidence and he is guilty
he should plead guilty. If he does not believe the evidence does
not support his commission of the offence he should plead not
guilty. However, if he believes he is guilty but disagrees with
the evidence the CPS have provided he can offer to plead guilty
on a “basis of plea”. His means he agrees he is guilty but
disagrees with the evidence offered.
If he simply pleads guilty, he will be able to offer any
mitigation to the court.
[/quote]
Many thanks New Judge.
Some questions.
1. The hearing on 27/03/2026, is this likely to be a first
hearing, even when a guilty plea has been entered.
2. Should the CPS evidence be disclosed before the hearing or
would the magistrate accept evidence being provided at the first
hearing, in which if the CPS disclosed the evidence on the day
it would appear unfair for the alleged offender to enter a plea
without been given an opportunity to consider the CPS disclosed
evidence.
3. If he pleads guily on a "basis of plea" is he afforded the
opportunity of requesting a summons of his partner Lilly, to
provided evidence that may dispute the CPS evidence or version
of events.
4. Is he allowed a Mackenzie friend at the first hearing.
Many thanks
#Post#: 108133--------------------------------------------------
Re: Partner charged with Common law assault
By: Southpaw82 Date: January 31, 2026, 8:41 am
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As to 2, the court may well take the view that he knows whether
he’s guilty or not - it’s not a case of seeing what the
prosecution’s hand is and then deciding (at least not without
losing some discount off the sentence).
As to 3, if the prosecution accept the basis of plea he will be
sentenced on that basis. There’s then no need to dispute the
prosecution’s evidence. If the basis of plea isn’t accepted then
it’s up to the court to decide if the difference between the
prosecution’s version and his will make a material difference to
sentencing - if it will they will order a Newton hearing, at
which both sides can call evidence.
As to 4, yes.
#Post#: 108151--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: January 31, 2026, 10:15 am
---------------------------------------------------------
[quote author=Southpaw82 link=topic=9729.msg108133#msg108133
date=1769870462]
As to 2, the court may well take the view that he knows whether
he’s guilty or not - it’s not a case of seeing what the
prosecution’s hand is and then deciding (at least not without
losing some discount off the sentence).
As to 3, if the prosecution accept the basis of plea he will be
sentenced on that basis. There’s then no need to dispute the
prosecution’s evidence. If the basis of plea isn’t accepted then
it’s up to the court to decide if the difference between the
prosecution’s version and his will make a material difference to
sentencing - if it will they will order a Newton hearing, at
which both sides can call evidence.
As to 4, yes.
[/quote]
Your information appears to be subtley different to what New
Judge stated.
So if the CPS evidence is that he made a throat strangle hold on
her, when he will openly admit that he pushed her on the
shoulders, whereby she landed on the bed; and she will confirm
this as being the circumstances of the incident.
We are awaiting the custodial charge sheet onthe day in question
and there was reference to a strangle hold, which the police,
have since, apparently have accepted that this was not a true
version of events. It really depends on what evidence the CPS
are going to disclose.
#Post#: 108158--------------------------------------------------
Re: Partner charged with Common law assault
By: Southpaw82 Date: January 31, 2026, 11:39 am
---------------------------------------------------------
[quote author=Mayhem007 link=topic=9729.msg108151#msg108151
date=1769876115]
Your information appears to be subtley different to what New
Judge stated.
[/quote]
In what way?
#Post#: 108257--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: February 1, 2026, 7:50 am
---------------------------------------------------------
[quote author=NewJudge link=topic=9729.msg108059#msg108059
date=1769798153]
Before he enters his plea, he should be served with the evidence
the CPS intend to rely on to convict him. He will have three
choices of plea. If he agrees with the evidence and he is guilty
he should plead guilty. If he does not believe the evidence does
not support his commission of the offence he should plead not
guilty. However, if he believes he is guilty but disagrees with
the evidence the CPS have provided he can offer to plead guilty
on a “basis of plea”. His means he agrees he is guilty but
disagrees with the evidence offered.
If the CPS does not accept his offer the court will then have to
decide whether the different versions of events would have a
significant effect on their sentence. If so, they must either
order a hearing to hear evidence from both sides, or they must
accept the defendant’s version when deciding their sentence.
If he simply pleads guilty, he will be able to offer any
mitigation to the court.
[/quote]
[quote author=Southpaw82 link=topic=9729.msg108133#msg108133
date=1769870462]
As to 2, the court may well take the view that he knows whether
he’s guilty or not - it’s not a case of seeing what the
prosecution’s hand is and then deciding (at least not without
losing some discount off the sentence).
As to 3, if the prosecution accept the basis of plea he will be
sentenced on that basis. There’s then no need to dispute the
prosecution’s evidence. If the basis of plea isn’t accepted then
it’s up to the court to decide if the difference between the
prosecution’s version and his will make a material difference to
sentencing - if it will they will order a Newton hearing, at
which both sides can call evidence.
[/quote]
Definitely subtle differences. I leave it up to you Southpaw to
decide
#Post#: 108274--------------------------------------------------
Re: Partner charged with Common law assault
By: Southpaw82 Date: February 1, 2026, 9:10 am
---------------------------------------------------------
I don’t see any substantive difference. You’ll have to explain
what you think the difference is.
#Post#: 108398--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: February 2, 2026, 8:18 am
---------------------------------------------------------
New Judge and Southpaw, thank you for your knowledge and
explanation of the law and procedures.
I like to help the vulnerable and those who are ignorant of the
law. I only offer them advice on the basis of what I learn from
this forum or research. And do offer the advice, in simple
terms, to an audience of one.
I am now at the stage that my advice is falling on deaf ears;
specifically, advising of meeting with CAB and seeking legal
aid. I am now at the stage of Pontius Pilate.
1. Question what is the potential of breaking indirect bail
conditions, not that I am suggesting there has been any
impropriety.
2. When he pleads guilty and accepts the evidence presented, at
this first hearing, is likely that the magistrates will impose
an immediate sentence.
3. Will the duty solicitor be able to present sufficient
mitigating circumstances on the day of the first hearing.
#Post#: 108417--------------------------------------------------
Re: Partner charged with Common law assault
By: NewJudge Date: February 2, 2026, 10:46 am
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1. Potentially withdrawal of bail and committal to custody.
Whether that happens will depend on the seriousness of the
breach.
2. Possibly. Possibly not. Unless they intend to dispose of the
matter by way of a discharge or a fine (which I think is
unlikely) the court will require a report from the probation
service. If there is a probation presence in court on the day he
may be interviewed there and then. If not, he will be required
to come back to court on a day when probation services are
available.
3. If the solicitor has sufficient information, then yes.
#Post#: 108436--------------------------------------------------
Re: Partner charged with Common law assault
By: andy_foster Date: February 2, 2026, 12:22 pm
---------------------------------------------------------
If people don't want to listen, you will only place yourself in
the firing line by continuing to interfere. Both for
interfering, and as someone "involved" when it invariably goes
south.
When I say only, that is incorrect. There is also the added
bonus of wearing out your welcome with those who reluctantly
waste their time offering advice to the middle-man in a game of
chinese whispers to provide advice that, regardless of how
effective the canny middleman is, is not wanted by the person
who ought to be taking it.
The same applies when a doting grandfather seeks vicarious
advice, with half of the story, and none of the facts, on behalf
of a grandchild who CBA to do anything themselves.
This is intended more as a salutary tale on the perils of
vicarious advice than as a dig at a well-meaning poster whose
skin is far too thick to be affected by such comments.
#Post#: 108517--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: February 3, 2026, 6:17 am
---------------------------------------------------------
[quote author=andy_foster link=topic=9729.msg108436#msg108436
date=1770056521]
If people don't want to listen, you will only place yourself in
the firing line by continuing to interfere. Both for
interfering, and as someone "involved" when it invariably goes
south.
When I say only, that is incorrect. There is also the added
bonus of wearing out your welcome with those who reluctantly
waste their time offering advice to the middle-man in a game of
chinese whispers to provide advice that, regardless of how
effective the canny middleman is, is not wanted by the person
who ought to be taking it.
The same applies when a doting grandfather seeks vicarious
advice, with half of the story, and none of the facts, on behalf
of a grandchild who CBA to do anything themselves.
This is intended more as a salutary tale on the perils of
vicarious advice than as a dig at a well-meaning poster whose
skin is far too thick to be affected by such comments.
[/quote]
Message received - thick skinned-less of the skinned ;)
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