Question: Legal process after being charged...

[gremlin]

Not me, I'm squeaky clean, guv.

Gremlinette's friend's boyfriend is known to down too many beers and get a bit feisty. Silly lad had too many at the weekend and got himself arrested and charged with assault and criminal damage. No idea what happened.

What's the likely outcome, given he has no previous? Fine? Bound over? Has the ship sailed in respect of a caution if he's been charged?

I'd hate to see him with a criminal record and hopefully this will be a wake up call for him.

[Skub]

Almost certainly a record,plus fine and (hopefully) suspended sentence.

Depends also on the severity,or otherwise. of the detail.

Someone I may know,in his callow youth copped a 4 months jail sentence suspended for 2 years for a very similar situation.

[Yorick]

Maybe the criminal damage might get a bit of leeway.

But IMHO any assault should be punished.

Imagine if the victim was your daughter?

[KungFooBob]

Madame Guillotine.

[gremlin]

Maybe the criminal damage might get a bit of leeway.

But IMHO any assault should be punished.

Imagine if the victim was your daughter?

No idea of the circumstances or the severity of any assault that took place. Certainly not looking to condone it in any way.

I'm guessing he's gonna learn the hard way that getting steaming drunk and throwing punches (and a chair, according to third-hand reports ) has consequences.

[Mussels]

Maybe the criminal damage might get a bit of leeway.

But IMHO any assault should be punished.

Imagine if the victim was your daughter?

Assault is a very broad term, it doesn't require any physical contact and the victim may not even know they were assaulted until the police told them.

As for charges and penalty I have no idea but people get criminal records for far less.

[Taipan]

Unlikely to get jail time for that if it's the first time? As you implied, he gets a bit feisty when pissed up it may well not be his first time. Still, it's only violence, and not not hurty words, so he'll probably retain his liberty!

[Cousin Jack]

As I understand it a caution is an alternative to a charge, so he has missed that boat.

Time to get a decent brief and turn up in court suited and booted and looking very contrite. And re-think any plans for joining professions that don't take kindly to criminal records.

[wheelnut]

Are you sure he’s been charged?

Seems quite quick - normally released pending enquiries while they get statements etc before a charging decision is made?

I could however be talking complete bollocks.

[Yorick]

As I understand it a caution is an alternative to a charge, so he has missed that boat.

Time to get a decent brief and turn up in court suited and booted and looking very contrite. And re-think any plans for joining professions that don't take kindly to criminal records.

He'll be OK in banking then

[MyLittleStudPony]

From my time in the courts, it really depends what he's done on this occasion.

What he's done or not in the past is not considered (nor mentioned) until sentencing.

If he did get a criminal record it might well not have to be declared after a certain period under the Rehabilitation of Offenders Act.

[ZRX61]

Most often the people who get violent after a few sherberts learn the most valid lesson after getting the shit beaten out of them, not in the courts. Sometimes it takes a few lessons for the slow learners.

[Horse]

As I understand it a caution is an alternative to a charge, so he has missed that boat.

Time to get a decent brief and turn up in court suited and booted and looking very contrite. And re-think any plans for joining professions that don't take kindly to criminal records.

He'll be OK in banking then

I was wondering about politics

[Cousin Jack]

As I understand it a caution is an alternative to a charge, so he has missed that boat.

Time to get a decent brief and turn up in court suited and booted and looking very contrite. And re-think any plans for joining professions that don't take kindly to criminal records.

He'll be OK in banking then

I was wondering about politics

No no no! Politics is OK with criminal acts, but getting caught is political suicide.

[Horse]

He'll be OK in banking then

I was wondering about politics

No no no! Politics is OK with criminal acts, but getting caught is political suicide.

Just need to hold a press conference on the lawn in the front garden, Mrs stood a pace back (to be supportive, but looking extremely dischuffed), admit to being silly and promise not to get caught errr not do it again.

[Skub]

No no no! Politics is OK with criminal acts, but getting caught is political suicide.

Well,until the dust settles and people forget,then it's time for a reboot.

[Mike1976]

"What happened" is the most important part. Had it been a simple case of fisticuffs, probably a slap on the wrist, ASBO (CBO or PSPO these days) and small fine.

The "criminal damage" bit is worrying though and suggests something tasty. If he went all loony tunes and also gave someone a right good kicking for no "good reason", he's looking at a suspended sentence and a stinging fine/compo.

Suspended sentence is just as bad as a prison sentence. He might lose his job and struggle to find another one.

[ogri]

"and a chair, according to third-hand reports" That could be the stinger.

[IccyV2]

Community service would scare me, I'd rather do the bird.

I'm out of date but they used to do a preliminary hearing, then usually ask for reports, then take everything into consideration and decide on probation or jail, usually probation or some sort of community order if he's on bail because if it was serious enough to definitely warrant jail then they'll normally remand you anyway.
It could be anything from a conditional discharge to a custodial, they might go steady if it's a first offence in a drunken pub brawl and he just clumped another drunken bloke, but sometimes it's a prison sentence, especially if he attacked a person in a position of authority whilst they were trying to control him, a bouncer or a copper. I know someone who got 12 months for fighting outside a nightclub and in the scramble a copper got knocked over and he was charged with that, so it really depends what he did and to whom.