Possibly being charged with 2 counts of section 47 ABH

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aaronc | 00:03 Fri 23rd Mar 2012 | Law
7 Answers
Several weeks ago I was involved in a pub fight, Whilst this was happening a glass was smashed and cut a person on the head and another scratches down their arm.
I was arrested almost 6 weeks after the event on suspicion of section 47 causing actual body harm, I denied these allegations, Photo's of both victims have been taken, one victim gave a statment explaining they saw me smash the glass on the persons head, another wasnt sure who smashed the glass.

I was released on bail pending further investigation as there was no cctv and the cps didnt have enough evidence to charge me with the above.

I dont have a great deal of previous convictions however I have served a short time in prison for breach of a suspended sentance (3 years ago), I am seeking advice if you would kindly help, What are the chances I could be convicted of the above? Surely it is just their word against mine as there is no solid evidence it is true, if charged and convicted would I be given a custodial sentance because of my past? or would a community order be more suitable.
My friend was close by when this happend and has also been arrested but on suspicion of common assault, my friend also explained that they didnt see anything or anyone get glass smashed over their head.

Any advice would be much appreciated.


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If the police decide to charge you it will indicate that the CPS believe they have sufficient evidence to successfully prosecute you, they may well decide there is insufficient evidence to obtain a conviction in which case you will not be charged.
My advice would be to speak to a local solicitor with experience in these matters if you are charged.
Question Author
So the best thing to do is just wait until I return back to the police station and take it from there? I am extremely worried as I have busines that I run which rely on my daily input so a prison sentance would really lose me everything I have worked so hard for.
Is there any reason why the police and cps didnt charge me whilst I spent 12 hours in police custody? I have terms attached to the bail which state I cannot talk to witnesses or enter the building of which the incident happend.
I would suggest you wait until you are charged as it may not happen. The fact that you were not charged at the time is probably to permit the police time to gather more evidence, which they will present to the CPS who will decide if there is sufficient evidence to obtain a conviction in which case you would be charged, if not you will not be charged. The conditions applied to your bail will be to stop you interfering with any witness or affect the police investigation.
Question Author
Thank you for your help. I have done some Googling, it appears there is a chance of a custodial sentance, Because I have served a short time before would this mean I am definitely going to prison or would they still consider community order/curfew etc....
“Surely it is just their word against mine as there is no solid evidence...”

Many criminal prosecutions revolve around one person’s word against another. There is “solid evidence” in the form of the testimony of the witness who says you were seen committing the offence. Just how solid it is will firstly be a matter for the CPS to consider and, if you are charged, a matter for the Court.

Best wait to see if you are charged.
Question Author
Thank you New Judge, All does make sense, Is there any reason why CPS didnt charge me straight away? I was in police custody for over 12 hours
Question Author
Just to give you an update guys, I am attending the police station tomorrow to answer to bail.

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Possibly being charged with 2 counts of section 47 ABH

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