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What happens after ABH charge?

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ben20 | 03:05 Sat 22nd Oct 2011 | Law
31 Answers
Basically too cut a long story short (not).....
I was outside a nightclub, a fella taller than i started talking to me, you know, drunken banter. Believe it or not we start to argue about politics....anyhow he starts to get very handsy, grabbing my shoulders, arms etc. Finally he grabbed my lower arms with both hands, and i should them free, he then slapped/punched me, withing about half a second of his landing, i retaliate with a single punch, he was knocked out and next thing you know im dragged into a police car, i say dragged i was walking and quite able, not resisting, but policemen trying to be all macho were tossng me about like a ragdoll! any how im breathelised in the station, says im drunk but not massivly, they give me a few coffees to help, have a doctor look at my jaw that was in a bit of pain and next thing i know im doing the interview, where the officer and i watch the cctv. its proved exactly what i had been saying all along. The woman officer said i didnt need to use that much force in my punch....and to be honest i didnt know there were levels of how hard you should hit someone in self defence. the lad gave a statement from the hospital, saying he doesnt remember a thing. maybe because of the punch, but more like the amount of alcohol in his system. Now charged with ABH and bailed, due to return to the police station in december.
What will happen next guys? and am i in the wrong?!
cheers
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But I'd still like to know whether you have been charged!!!
Question Author
okay, so ill re think how ill explain what happened and word it in a more politically correct way. As for the guy who said i should of ran away, i appreciate your opinion, but ive done quite a lot of research into which is classed a self defence, and to be honest no where was said how i should of ran away, thank though lol. Thanks everyone
Good luck mate.
But have you been formally charged?
Question Author
not sure tbh mate, its like i got a piece of paper which i think is my bail thing, just saying about abh etc etc, and that i must answer my bail 2nd december at my local station
If you'd have been charged you would have had the relevant words read out to you: e.g. "You are charged that on the twentieth of October in the year 2011, in the Borough of Westminster, you did assault John Arthur Smith, occasioning actual bodily harm, contrary to Section 47 of the Offences Against the Person Act 1861". You would have then been asked if you understood the charge and bailed to appear before a Magistrates Court.

Since you've been bailed to appear at a police station (and you've not yet heard the words above), you've not yet been charged.
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If anyones curious to the latest..... I found the guy, my best friend knows him, however the fella doesnt know who i am. He says hes going to press charges anyhow, because hes missing a tooth or something. I found things on his facebook page about him being in fights the weekend before! ive print screened them and saved key quotes. So if it does end up at court i can show these and state he is a known trouble maker? i think i kinda did good there what do you guys think?
Cheers
Chris was putting to you what would be put to him by the police (and by the prosecution should the matter go to court).

If you hit somebody and subsequently claim self defence, the onus shifts to you to prove that defence. The first thing you will be asked is why you did not wlak (or run) away and you will need to explain why you did not.
Question Author
Because the cctv shows me walking away, he grabs my arms and i shook them free, then he hit me. I hit him back and was arrested withing seconds..
Hi Ben

"The woman officer said i didnt need to use that much force in my punch...."

The police officers comment is one of 'reasonable force used' etc. You state you have been reading up on the subject of self-defence but have a look at Sec 76, Criminal Justice and Immigration Act 2008, which appears to give guidance on reasonable force used in self-defence.


http://www.legislatio...pga/2008/4/section/76
Infact this is probably a more beneficial read for you:

http://www.cps.gov.uk.../s_to_u/self_defence/

As you will see, self-defence and the force used is not as simple as some seem to think

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