Free Traffic Legal Advice

New Judge and Southpaw, thank you for your knowledge and explanation of the law and procedures.

I like to help the vulnerable and those who are ignorant of the law. I only offer them advice on the basis of what I learn from this forum or research. And do offer the advice, in simple terms, to an audience of one.

I am now at the stage that my advice is falling on deaf ears; specifically, advising of meeting with CAB and seeking legal aid. I am now at the stage of Pontius Pilate.

1.  Question what is the potential of breaking indirect bail conditions, not that I am suggesting there has been any impropriety.

2. When he pleads guilty and accepts the evidence presented, at this first hearing, is likely that the magistrates will impose an immediate sentence.

3. Will the duty solicitor be able to present sufficient mitigating circumstances on the day of the first hearing.

If people don't want to listen, you will only place yourself in the firing line by continuing to interfere. Both for interfering, and as someone "involved" when it invariably goes south.

When I say only, that is incorrect. There is also the added bonus of wearing out your welcome with those who reluctantly waste their time offering advice to the middle-man in a game of chinese whispers to provide advice that, regardless of how effective the canny middleman is, is not wanted by the person who ought to be taking it.

The same applies when a doting grandfather seeks vicarious advice, with half of the story, and none of the facts, on behalf of a grandchild who CBA to do anything themselves.

This is intended more as a salutary tale on the perils of vicarious advice than as a dig at a well-meaning poster whose skin is far too thick to be affected by such comments.

I appreciate you’ve already been given some advice but I’ll share my thoughts too…

The circumstances are that through heated argument he pushed her onthe shoulders and she ended up on the bed. She told him to leave the house and he said the only he would leave the house, was if she phoned the police, which she did and the police turned up ten minutes after the reported situation.

So in law he is guilty of battery, also known as assault by beating (CJ88116), unless he was acting in self defence of course (doesn’t sound like it).

As an aside, any unlawful use of force without significant/serious is ‘assault by beating’, even spitting on someone poking them. The charge wording (ie ‘assaulted Lilly by beating her’ is a template, the court will always hear the actual details of the case and nature of the assault prior to sentencing. Common assault (CJ88001) is an act, more than just words, that put someone in fear of violence, for example swinging a fist at someone but it not connecting.

If he pleads guilty he can do it on a ‘basis of plea’ (for example ‘I did push her but didn’t punch her as the prosecution say I did’) or just plead guilty on the facts given and offer mitigation (for example ‘I had just lost my job, I was under stress, I’m much better now…’). Mitigation is an art and is best done by a solicitor (who can align their client’s behaviours against things the judge or magistrates must consider) but they will prompt him to say anything in mitigation if he is not represented.

When it comes to sentencing, the court will use the Sentencing Council guidelines - https://sentencingcouncil.org.uk/resources/common-offences/assault/ these require them to assess culpability and harm. The range is a discharge (a telling off) through to 26 weeks prison. If there is any suggestion of strangulation this makes it high culpability. Presumably the complainant hasn’t given evidence as to how much harm they were caused so it seems unlikely a court would find it was in the highest category unless there is a lot of evidence of previous domestic abuse. Depending on his record it’ll probably be a community order (anger management, domestic abuse and alcohol misuse probation work potentially).

He was taken to the police station and provided an alcholic breath test of 105mg. He was maintained in the polce station until his breath test fell below 35mg.

I don’t understand this part. Why was he breathalysed? Is there some suggestion he drove around her house while pissed? Presumably they have no evidence of him driving so haven’t proceeded with that?

He was released 13 hours later. Bail conditions were he could not contact his partner in all respects.

Lilly did not press charges, but the police have charged him with common assault, to appear in court on 24.03.2026. Incident happened 25.01.2026.

He has today 29.01.2026 been to the police station to be formally been advised of the charge and bail cnonditions are still in place. The baby is due July 2026.

Lilly has been phoning the police to say that she needs her partner to help her through pregancy, anxiety and stress.

The police should pass this on to the CPS. If they have no evidence they could discontinue the case. However if he has made admissions in interview or there is other evidence which as body-worn video/999 calls of her telling the police what happened this can used (under the principle of res gestae), visible injuries, previous history, signs of a disturbance are all relevant too.

Pregnancy is a well known escalation risk factor in domestic abuse so the police are likely to say it’s better he not be about. Unborn children can be subject to child protection plans if there is any suggestion the mother cannot or will not protect her child from an abusive partner so unfortunately it needs to be allowed to play out.

Unfortunately, Callum cannot afford a solicitor to fight the case of both of them to be together.

It is totally wrong and for the establishment to separate two people over a minor situation.

Many of you will have questions and any advice whould be welcome.

Try not to think of this as the state orchestrating this as ‘him vs her’. The case is the state vs him. He has allegedly broken the laws of the land and is now being called to account by the state via the courts. Bail conditions are set to protect complainants and witnesses not as punishment. There is a very long history perpetrators awaiting trial seriously harming and worse their partners.  There are mechanisms to ask for the bail conditions to be amended but now he has been charged to court this is an application to the court, typically a solicitor might take a statement from the complainant if they really wanted to have the conditions removed. Also consider you weren’t there and have really only been given one half of the story… The truth, as they say, is often somewhere in the middle.

He should definitely still speak to solicitors. He might be able to get legal aid. Some will have a fixed price package - perhaps he could try to borrow as the cost of his freedom could be at stake, even if the solicitor is just going to mitigate for him.