what likely sentence will my ex recieve.

[ellie123star]

a few days ago after we had been drinking and were argueing.my partner at the time kicked me several times in the left leg at different times and grabbed me wenever i went to leave.and later pushed me a bit and kicked my leg again before pushing me out the house.it will be his offence and is yet to be charged but i was wondering what time off sentence hed get.hes due to start uni soon and works and volunteers every year if that helps.im yet to press charges as i dont want him jailed as i argued as well and hit his genitals to get him away.

[New Judge]

Nobody can answer your question without knowing what the charge is.

You say “you are yet to press charges”. The choice is not yours. The CPS bring the charges and for the last two or three years have adopted a policy of continuing domestic violence prosecutions wherever possible, with or without the alleged victim’s co-operation.

[hallgreen2]

My daughter-in-law fell out with my son,her husband. The morning after,as often is the case, she wanted to withdraw the prosecution, The CPS,determined to stamp out 'abuse' would not allow her to. They continued with the prosecution even though my d-in-law said she did not want to. You must disabuse yourself of this 'drop the charges ' phrase-that is American law; here,undemocratically, the CPS decides wether or not to prosecute,and they ALWAYS prosecute what are now automatically regarded as guilty abusers-ie men. I would try and tell the authorities that you will not give evidence, tho my d-in-law did that, and they STILL continued the prosecution, no doubt at a horrendous cost to the taxpayer.Michael

[boxtops]

Why do you think he would get time off any sentence? He assaulted you!

[TWR]

There are answers to your Qs, dont drink too much, dont stand for any person including your B/F to belt you, once started, never to be stoped.

[DTCwordfan]

Brand new on here - suspicious...........?

[ummmm]

Why would it be suspicious DT.....she was probably googling the question. This is not a private club you know!!

[New Judge]

I must say I find your remarks a bit surprising or even astonishing, HG, but I appreciate your views may be somewhat jaundiced in the circumstances you describe.

Whilst victims’ views are taken into consideration, they are not paramount and their co-operation, whilst useful, is not necessarily required (indeed, if it was there would never be a prosecution for murder!). The main reason why the decision to prosecute lies with the CPS and not the victim is because victims are vulnerable to pressure from those alleged to have committed the crime against them. If the transgressors knew that if they apply enough pressure to their victims to persuade them to “drop the charges” there would be a considerable advantage to them to intimidate their victim. That is why the CPS adopts the stance it does.

Contrary to your contention the CPS does not ALWAYS prosecute. They undertake a two stage test: firstly an “evidential” test where they assess the evidence available and they will not proceed unless there is a reasonable chance of a conviction; then they undertake a “public interest” test where they assess whether a prosecution would be in the public interest. Only if these two tests are passed does a prosecution go ahead.

There has, in recent years, been an enormous amount of police time wasted on “domestic” incidents where it is clear that an offence has occurred for them only to find 24 hours later that the alleged victim – usually but not always a woman – withdraws the complaint, very often because of pressure from the alleged assailant. This clearly could not go on and that is why the CPS has adopted a more robust attitude.

There still has to be sufficient evidence to put before a court and the court must be convinced “beyond reasonable doubt” before it can convict. The CPS does not operate under a “democratic” philosophy. It cannot ask the electorate before it launches every prosecution. Instead it operates autonomously under a strict code which is fair but robust.