Do I go to court if my partner is not pressing the charge?
Iwas at home with my partner and we were drinking. We got into an argument and things got a bit heated. The police were called by a neighbour and I was arrested and charged with assault. I have been given a court date but my partner doesn’t want to press charges. Does this mean I don’t have to go to court?
Firstly, it sounds as though your partner is a witness and it is therefore very important that you do not discuss matters with them; this could result in you being investigatedand charged with other very serious offences.
Unfortunately whether this case continues is out of your partner’s hands. If you have admitted the assault or there is other evidence then the Crown Prosecution Service (CPS) may still recommend that the case should proceed.
In some cases the CPS may recommend that, even though the other person doesn’t want to be involved, they should be compelled to go to court through a court summons.
Even if the CPS recommend that an assault case should not proceed, there are other offences which may not require your partner’s witness evidence and could rely on your neighbour or police witness evidence to prove; this will depend on what other evidence exists.
You should engage with the court process and attend hearings; if you do not, the court could issue a warrant for your arrest which means you can be arrested, detained and brought to court via the cells.
In certain circumstances the court can also proceed to hear the case against you in your absence and has the power to convict you and sentence you (including to a prison sentence if your case is serious enough) in your absence.
It is also important to note that if you have been released on bail to attend court – even without any conditions – you are under a legal obligation to attend to answer your bail and failure to do so is likely to amount to a separate criminaloffence( absconding) for which you can receive a prison sentence.
In cases where a warrant has been issued and/ or you have committedan absconding offence, the court can also reconsider your bail status for the remainder of your case and if there are concerns that you will fail to surrender to the court in future, you could be remanded into custody until your case concludes.
You should consider seeking legal advice as soon as possible – you may be eligible for free advice and representation.