DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Non-motoring legal advice
*****************************************************
#Post#: 108620--------------------------------------------------
Re: Partner charged with Common law assault
By: sample-tripod-clip Date: February 3, 2026, 7:02 pm
---------------------------------------------------------
I appreciate you’ve already been given some advice but I’ll
share my thoughts too…
[quote author=Mayhem007 link=topic=9729.msg107917#msg107917
date=1769708938]
The circumstances are that through heated argument he pushed her
onthe shoulders and she ended up on the bed. She told him to
leave the house and he said the only he would leave the house,
was if she phoned the police, which she did and the police
turned up ten minutes after the reported situation.
[/quote]
So in law he is guilty of battery, also known as assault by
beating (CJ88116), unless he was acting in self defence of
course (doesn’t sound like it).
As an aside, any unlawful use of force without
significant/serious is ‘assault by beating’, even spitting on
someone poking them. The charge wording (ie ‘assaulted Lilly by
beating her’ is a template, the court will always hear the
actual details of the case and nature of the assault prior to
sentencing. Common assault (CJ88001) is an act, more than just
words, that put someone in fear of violence, for example
swinging a fist at someone but it not connecting.
If he pleads guilty he can do it on a ‘basis of plea’ (for
example ‘I did push her but didn’t punch her as the prosecution
say I did’) or just plead guilty on the facts given and offer
mitigation (for example ‘I had just lost my job, I was under
stress, I’m much better now…’). Mitigation is an art and is best
done by a solicitor (who can align their client’s behaviours
against things the judge or magistrates must consider) but they
will prompt him to say anything in mitigation if he is not
represented.
When it comes to sentencing, the court will use the Sentencing
Council guidelines -
HTML https://sentencingcouncil.org.uk/resources/common-offences/assault/<br
/>these require them to assess culpability and harm. The range i
s
a discharge (a telling off) through to 26 weeks prison. If there
is any suggestion of strangulation this makes it high
culpability. Presumably the complainant hasn’t given evidence as
to how much harm they were caused so it seems unlikely a court
would find it was in the highest category unless there is a lot
of evidence of previous domestic abuse. Depending on his record
it’ll probably be a community order (anger management, domestic
abuse and alcohol misuse probation work potentially).
[quote author=Mayhem007 link=topic=9729.msg107917#msg107917
date=1769708938]
He was taken to the police station and provided an alcholic
breath test of 105mg. He was maintained in the polce station
until his breath test fell below 35mg.[/quote]
I don’t understand this part. Why was he breathalysed? Is there
some suggestion he drove around her house while pissed?
Presumably they have no evidence of him driving so haven’t
proceeded with that?
[quote author=Mayhem007 link=topic=9729.msg107917#msg107917
date=1769708938]
He was released 13 hours later. Bail conditions were he could
not contact his partner in all respects.
Lilly did not press charges, but the police have charged him
with common assault, to appear in court on 24.03.2026. Incident
happened 25.01.2026.
He has today 29.01.2026 been to the police station to be
formally been advised of the charge and bail cnonditions are
still in place. The baby is due July 2026.
Lilly has been phoning the police to say that she needs her
partner to help her through pregancy, anxiety and stress.
[/quote]
The police should pass this on to the CPS. If they have no
evidence they could discontinue the case. However if he has made
admissions in interview or there is other evidence which as
body-worn video/999 calls of her telling the police what
happened this can used (under the principle of res gestae),
visible injuries, previous history, signs of a disturbance are
all relevant too.
Pregnancy is a well known escalation risk factor in domestic
abuse so the police are likely to say it’s better he not be
about. Unborn children can be subject to child protection plans
if there is any suggestion the mother cannot or will not protect
her child from an abusive partner so unfortunately it needs to
be allowed to play out.
[quote author=Mayhem007 link=topic=9729.msg107917#msg107917
date=1769708938]
Unfortunately, Callum cannot afford a solicitor to fight the
case of both of them to be together.
It is totally wrong and for the establishment to separate two
people over a minor situation.
Many of you will have questions and any advice whould be
welcome.
[/quote]
Try not to think of this as the state orchestrating this as ‘him
vs her’. The case is the state vs him. He has allegedly broken
the laws of the land and is now being called to account by the
state via the courts. Bail conditions are set to protect
complainants and witnesses not as punishment. There is a very
long history perpetrators awaiting trial seriously harming and
worse their partners. There are mechanisms to ask for the bail
conditions to be amended but now he has been charged to court
this is an application to the court, typically a solicitor might
take a statement from the complainant if they really wanted to
have the conditions removed. Also consider you weren’t there and
have really only been given one half of the story… The truth, as
they say, is often somewhere in the middle.
He should definitely still speak to solicitors. He might be able
to get legal aid. Some will have a fixed price package - perhaps
he could try to borrow as the cost of his freedom could be at
stake, even if the solicitor is just going to mitigate for him.
#Post#: 109623--------------------------------------------------
Re: Partner charged with Common law assault
By: Mayhem007 Date: February 12, 2026, 11:47 am
---------------------------------------------------------
Huge thanks for such indepth advice and knowledge S-T-C.
To Southpaw, New Judge, My old Mackenzie friend and S-T-C.
So I am not quite washing my hands of this situation.
I have a template of applying to the magistrates for a
withdrawal of the bail conditions on the basis of the following
reasons.
1. Calum has been out of work for 8 months and his partner
Lilly is 4 months pregnant with medical issues, stress and
anxiety.
2. Unfortunately, she found out that her father passed away this
morning, 12th February.
3. Calum has now got a job with a traffic management company, as
long as he passes all the online courses, which he has completed
and achieved 10 out of 10, so far. And has also attended and
passed the practical tests.
4. He is presently living with his father and step mother whom
manage a public house, however they have been offered and
accepted another public house and are expected to move away from
our town to another public house approximately 80 miles away.
where he lives now the distance to his partners house is about
500 yards.
So
Do I address the change of bail conditions to the clerk of the
justices, and should I send a copy to the CPS. He cannot attend
in person.
Is there anything else that I can put forward to the magistrates
to help his case.
*****************************************************
DIR Previous Page
DIR Next Page