Hi everyone,

[sparks]

First into the court 10am back out 10:04 bailed no conditions to appear before crown court 1 weeks time.

[the advocate]

Sparks

Two points – (please forgive me as I’m writing in haste as usual)

Your separation –in some ways you may feel better at your wife’s decision to part company with you. At the moment, you have to fight these horrendous allegations and you have the strain of the court appearances. You also have the natural worry of what is happening with your wife and children. For the moment, your wife’s actions are helping you in that she is distancing you from herself and the children, and this means that you have one less issue to worry about. You are in effect free to concentrate fully on your court appearances, and being found not guilty.

The other issue is the entitlement to benefits for your wife. I came across this in relation to child benefit, and if it could be paid to a non EU national who had indefinite leave to remain but with a condition that they had no recourse to public funds.

Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, Part II states that there are prescribed conditions, one of which states that this condition on the indefinite leave does not apply to a member of the family of an EEA national. On the assumption that your children are EC citizens, your wife by living with them would count as a member of the family, and would there for be entitled to benefits.

I appreciate that this second part may not be of use to you at the moment, but it may help your wife and children, and who’s to know what may happen to your relationship once you have put all these false allegations behind you. I hope this helps.

[sparks]

Thanks, The Advocate,

My wifes entitlement is most definitely there, she was getting child benefit. Paid for the two children both born in England, its a new form the gov have brought out to establish her right to claim, problem with this is the time it takes for a decision causes a knock on effect, and until child benefit is sorted a claim for housing benefit will not be considered, and the landlord is understandably not happy.
With regard to our separation if her and the children were not having these problems then maybe it would be easier to concentrate on my situation, I guess we all have our crosses to bare, my concentration levels are low at the moment and today confirming my details to the court I felt an enormous amount of anger, sitting here now the anger is replaced with a low depressed feeling, just got to keep it together.

[sparks]

My first visit to crown court on Tuesday, was wondering if anyone knows what happens on that first day and what I should expect, will my Sol/ barrister be there?.

[sparks]

Oh I uploaded a picture, is there anyway U guys can attach it as my profile picture, I am on mobile internet and I have tried but with no luck, I thought I have been here long enough, so an identity as such would make me more of the team if any of that makes sense.

[sparks]

Thanx whatsgoingon,

I have not met the barrister yet, and have not seen any statements or anything, I thought this was going to be a sitting to make a plead ie me answering guilty or not guilty to the charges, my family are not here so there willjust be me.

[whatsgoingon?]

Sorry Sparks... I need to pay attention! I'll ask for my last post to be removed ad it's not appropriate.
Tuesday is your plea hearing isn't it? Your barrister or substitute barrister (in case your barrister can't be there -normally from same firm) will be there. I wasn't actually present for this but I gather the judge reads out the charge(s) and you plead ( NOT GUILTY or guilty). There's then some negotiation between barristers about evidence and editing of tapes etc . Then a date is set for the trial.
I'm sure someone else can add more to this.

Now is the time when you need to decide to fight for yourself.

All the best

[sparks]

Thanx again whatsgoingon, don't worry about removing the post it is all good knowledge and I can refer back to it later.

[Rights Fighter]

The judge doesn't read out the charges. This is done by the court official at the front.

You will be in the dock to stand and answer each charge clearly with head up 'not guilty' (if that is the case).

Hopefully you will have a chance to talk to counsel and solicitor if he or she is present before the hearing. Counsel has a legal duty to explain to you that if you are guilty, now is the time to say as otherwise if found guilty by the jury you will not be given credit for a guilty plea. Counsel telling you this does not mean he is trying to get you to plead guilty. It is something he is required to do by law.

There may well be some sort of legal arguments and checking of diaries to fix the date of the trial. If appropriate there may be an abuse of process argument (or no case to answer argument) if relevant. I don't know your case so please don't ask what that could be!

You should be in and out of the court room in around 20 minutes give or take. You may well spend longer hanging around waiting to be heard.

Good luck!

[sparks]

Thankyou RF,

Rest assured I will be pleading NOT GUILTY (because that is the case).

[whatsgoingon?]

Thanks for clearing things up, RF

Good luck for tomorrow, Sparks. I hope you manage to get a good night's sleep. x

[sparks]

Thank you again, Whatsgoingon, and RF, for the information, as for the good nights sleep, strangely I had the best one since I first heard about these allegations.
I also felt totally calm and in control, this mornings proceedings were in fact administrative, I had a brief word with my barrister and solicitor before entering the courtroom I was ushered towards the defendants box or dock as its affectionately known,then taken through a door into the cell area, after emptying my pockets and a quick pat down search I returned to the defendants box escorted by a female prison officer, the clerk to the court asked me confirm my name and then be seated, I was directly behind my solicitor and my barrister was two desks forward of her, after a small discussion between the prosecution and defence barrister, a date was agreed for the prosecution to hand over the case papers to the defence, the clerk asked me to stand and the judge reminded me that should I fail to appear I would be committing an offence etc etc, I Thanked him and left the courtroom with my solicitor, I now have six weeks before the next appearence, oh and no bail conditions were set, total time in courtroom 12 minutes.

[sparks]

A couple of hours passed and mr depression washes over me like a tide returning, my courage taken shelter in the rock pools, thoughts are now of home and all the comforts and pleasure I took for granted, and down in me I know there is worse to come, how quickly feelings change, the isolation is hurting me and the loss of my family I cannot try to explain, I so hoped to see my accusers today, I was strong and focused and ready for war, now I am weak and down, and the waiting is taking its toll, sorry peeps for the negative post, its just some of what I feel.

[wonderwoman2012]

Hi Sparks,

Nothing I can say to make you feel better. This is a **** process. As you are aware it is a mental and emotional roller coaster. Try to stay strong.

Wish the whole legal process did not take so long. I can't imaging what it is like for those accused.

There are people here for you

[Casehardened]

A couple of hours passed and mr depression washes over me like a tide returning,

To be clinical, it's just the result of the adrenaline dissipating out of your bloodstream, however when you go back again, not only will you get another boost into your system ready for fight, but you then will be in familiar surroundings!