Criminal

ABH - victim retracts statement

ABH - victim retracts statement

would the charge normally be changed to a public order offence?

jonny37 Tue 29/04/08 11:40

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New Judge
Tue 29/04/08
12:36

Not necessarily.

It depends upon the strength of any other eveidence there may be to support the ABH charge. If there is sufficient for there to be a reasonable chance of a successful prosecution for ABH then the CPS may decide to proceed with that charge.

jonny37
Tue 29/04/08
13:22

Question Author

But the victim would not stand in court, so what about medical record etc?

Cags70
Tue 29/04/08
21:59

Recently many police forces CPS etc actively pursue assault cases even when the "victim" withdraws their statement. Many cases have been successfully prosecuted with other evidence...photos, other witnesses cctv etc and of course by compelling the "victim" to attend court by means of a witness summons. If this case is one of alleged domestic violence i am sure that it will be pursed as far as they can.

This policy is aimed at the growing number of cases where people are "forced" to withdraw their statements. Not that I am saying this is the situation in the case to which you refer!

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