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Court appearance but no arrest


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Has he had a postal requisition ? A summons setting out the alleged offence and a court date ?

Please ignore the advice not to go on the first hearing.

 

He should obtain legal advice from one of the remaining solicitors firms who deal with criminal matters. It may or may not be free - that is subject to an application for legal aid - fewer people are now eligible than ever before. If he gets legal aid it will not cost him anything, he may be told there is a 'contribution' to be made or if he doesn't qualify at all he will either have to do it himself or pay.

 

What are the exact words of the alleged offence ? It sounds like a common assault to me (which can only be dealt with in the magistrates court) but it would help if I knew exactly what the offence was.

 

Thanks, it is a postal requisition,I presume as it came in the post yesterday.

The offence states 'assault by beating' although CCTV shows no one coming within 5ft of each other,no blows exchanged etc etc.

the police obtained the CCTV themselves and originally said no further action was required on the original complaint.

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Moss - I think I said this was a summary only offence -

 

BD - if your mate has been told it is not being proceeded with by the police he may (emphasis on may) have an abuse of orocess argument.

 

He needs to see a criminal solicitor and provide them with all the details for hem to advise properly.

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Redfox

The poster says 'assault by beating' which is S39 CJA which is Summary Only

He'll either get Legal Aid or he won't -there's no financial contribution in the Mags Ct

 

thanks both, but back to the original post,

Do you have to be questioned and arrested prior to been given a court date.

 

Now I've learnt a bit more,does this requisition mean He's getting charged when he goes to court or should he have been charged prior to this:confused:

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thanks both, but back to the original post,

Do you have to be questioned and arrested prior to been given a court date.

 

Now I've learnt a bit more,does this requisition mean He's getting charged when he goes to court or should he have been charged prior to this:confused:

 

Look here

https://www.google.co.uk/search?q=criminal+solicitors+sheffield&ie=utf-8&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&gws_rd=cr&ei=Q3nrUsWeEceihgfo8YDYCg

Phone one up and ask a solicitor. They will know whats what.

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I remember back in 1972 I was sent to prison by a military court for a crime I didn't commit. I promptly escaped from a maximum security stockade to the Los Angeles underground. Today, I'm still wanted by the government. I survive as a soldier of fortune.

 

 

Absolutely useless comment and also very uninteresting !!!!!!!!!!!!!!!!!!!!

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I remember back in 1972 I was sent to prison by a military court for a crime I didn't commit. I promptly escaped from a maximum security stockade to the Los Angeles underground. Today, I'm still wanted by the government. I survive as a soldier of fortune.

 

I remember it well. I used to be employed by people who had a problem, when no one else could help, and if they could find me they they could hire me.

Mind you, I used to waste an awful lot of ammo without any one getting seriously hurt.

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Q: Do you have to be questioned and arrested prior to been given a court date.

A No and No....but for a S39 you are usually interviewed-as appears to have been the case here.

An Arrest is one means of getting you to a Police Station and then you may be given a Ct date by a Charge, Summons,Requisition,and occasionally by Complaint.

Alternatively you may be 'invited' to the Police Station as a 'Volunteer' and then Reported on Summons or by Requisition to attend Court.

Your 'mate' should attend Ct otherwise he may have a Warrant for his Arrest issued by the Ct

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