Family and Friends Forum

Magistrate Court postponed

Notifications OFF

Lis

Member since
November 2019

40 posts

Posted Wed August 19, 2020 10:55pmReport post

My husband was due to attend the Magistrate Court this Monday 24/8/20. Today he received a letter saying it had been postponed and moved to another borough. The new date is in October 2020.
It is very frustrating. He has already been waiting for 1 year and 4 months. The knock came in April 2019.
He is on sick leave due to Osteoarthritis and worn out joints. (Physical job and getting older). He is hoping for hip replacement. Will the Court take that into consideration when the finally see him?
This is very upsetting and painful for me as his wife. I am disabled and count on him to support me.

majestictopaz15

Member since
December 2019

371 posts

Posted Thu August 20, 2020 12:25pmReport post

Is this their plea hearing or the sentencing? I ask since in most cases I believe the plea hearing is at the magistrates and if deemed a serious charge would be dealt with a crown court at a later date.

Between the plea and sentencing a pre sentence report is done to record all mitigating circumstances that your partner wants to disclose (e.g. his health, being your carer, rehabilitation).

If the court dates clash with surgery and recovery from surgery the courts can be informed and will need proof from a doctor.

Lis

Member since
November 2019

40 posts

Posted Thu August 20, 2020 10:49pmReport post

It is the plea hearing.

But my health is deteriorating. I had cancer twice, osteoarthritis, rheumatoid arthritis, eye problem etc. I am worried about having to rely on carers. I don't want anyone in my house until COVID 19 is over

Mum in distress

Member since
August 2020

20 posts

Posted Sun August 23, 2020 11:24pmReport post

Hi....

Sorry for sort of hijacking your post....I'm not sure if I'm in the right place.....

My ex was due to have a plea hearing in July but this has also been postponed until October. We will have been waiting 3 years by then

I'm also now told that the date we have in October is actually to decide wether to have the plea hearing in magistrate or crown court ????‍??

Is there anything at all I can do about this? I've read the magistrates daily list.....they are seeing cases of people ignoring cigarette butt fines that have happened much more recently....but pushed this back? The police just say they have no influence on the courts at all....we need this over....

Mabel

Member since
June 2019

208 posts

Posted Sat August 29, 2020 9:50pmReport post

Hi Mum in distress

omg I can't believe it has been 3 years for your partner waiting for a conclusion, do you mind if I ask if he was caught by the police or a vigilante group?



There really is absolutely no consideration given to the families, it is an outrage to be waiting so long and then get the hearing postponed????

Sorry I really don't know what can be done about it, the whole system is in such a mess even before COVID, it is very very frustrating.

My partner is 2 years 3 months released under investigation, with nothing from the police, he was caught by vigilantes.



But at least you do have another date and hopefully it will not change again.

sending you all the best

Mabel xx

Lis

Member since
November 2019

40 posts

Posted Tue September 1, 2020 10:32amReport post

I know that when my husband will go to the Magistrate Court in October it will only be a plea hearing and then it will be 1 or 2 more Court days in Crown Court. His solicitor told him so. The Crown Court has 3 months to do that and decide his sentence. So that means it will be almost 2 years since the knock when he get his sentence.

Mum in distress

Member since
August 2020

20 posts

Posted Fri September 4, 2020 12:06amReport post

Hi thanks for your replies. I think perhaps my circumstances are slightly different.

It's my ex husband. If he enters a not guilty plea we are looking at up to a two week trial in crown court. I am on the prosecution side. The victim is my daughter. It was her disclosing some odd behaviour to me that uncovered the whole disgusting mess.

Our lives are on hold and have been this whole time I have found a brilliant charity called Mosac that supports families of victims of these types of crimes....but they are the only one in existence.

So, I cannot ask anyone but the police for guidance although I have lodged a complaint with the magistrates court.

Mum in distress

Member since
August 2020

20 posts

Posted Thu September 24, 2020 9:43pmReport post

Solicitors aren't going to help me?

The CPS just keep saying we have a date and we have to wait. No-one can explain to me why we aren't a priority. This man is dangerous to young women, he needs to be off the streets.

Banging my head against a brick wall....

nicenana

Member since
March 2019

243 posts

Posted Thu September 24, 2020 11:29pmReport post

Hi mum in distress

I am so sorry to hear the position you have ended up in. It must be very hard for you whe your daughter is involved in the whole thing.

with regards to getting things done quicker, that's almost impossible in England. It takes a very long time in England and now with Covid things are taking longer and longer. I don't think the police or solicitor would be able to hurry the cps or court up even if they wanted to. I know how frustrated you must feel at having to wait so long but it appears that the courts don't work on a case with a view to what the family are going through. In fact, the court, media and to a degree, the police don't give a toss about the families who are torn to shreds in the after math of those offences. Their only goal is to take forever to find the evidence and then get a conviction.

I thank god that I live in Scotland. It has little going for it but the police have the power to charge a suspect here without going through any cps. Here we have a procurator fiscal but they don't decide who to charge and who not to charge. The police charge the suspect and then you wait for a court date.

my son commited a communication offence here in Scotland. From arrest to conviction it took seven months which was pretty normal here before Covid. I suspect that will have changed now though because I read that there's now a huge backlog here now due to Covid which means longer waits for families which seems unfair and cruel.

really sorry I can't be of more help x