Assault?

[gazy1968]

My Daughter (17) was sitting with friends in her car when some children came over and started damaging the car with sticks. She shouted at them and they went away and returned with a woman who then went on to threaten her and attempt to get in her car, they were arguing and the woman started threatening to kill her saying that she had just come out of jail etc.. She moved away and continued to threaten her and picked up a brick to throw at the car. My daughter stupidly argued back and drove away to the opposide of the road. She had been parked on opposite side. However she reved the car and moved across not quickly but certainly to give impression she was driving towards her. The woman then walked round the car and junoed forward on to the bonnet. She was not hit as my daughter states that she stopped before touching her. I know my daughter has been extremely stupid. What offence(s) has she commited and what are the possible outcomes? Police have not come to talk to her yet. Thanks in anticipation G

[Buenchico]

While the aggressive woman might claim that she's been assaulted, there's nothing in your account which supports that statement.

It's possible that the police might consider a charge of 'dangerous driving' but, as I read your account of things, the situation fails to satisfy the tests which the Crown Prosecution Service apply when considering prosecution for this offence:
http://www.cps.gov.uk/legal/section9/chapter_b .html#13

However, if your daughter admits that she intended to give the impression that she was driving her car at the other woman, she lays herself open to a charge of 'threatening behaviour', under Section 4(1)(A) of the Public Order Act 1986:
http://www.cps.gov.uk/legal/section11/chapter_ a.html#09

Chris

[gazy1968]

Thanks Chris, So if she is questioned about the matter and feels that she did do it to threaten her but not cause any harm. What are the possible outcomes. She does not have any previous problems with the police. A friend told me to contact the police and explain the situation pre empting any accusations from the woman?

Thanks G

[Buenchico]

Thanks for your reply.

The maximum penalty for 'causing fear of violence' is 6 months imprisonment and/or a fine of up to �5000. However, even if your daughter was convicted of such an offence, it's unlikely that she'd receive much more than a small fine (or possibly some form of community punishment).

My experience of coming across the type of people whom your daughter encountered is that they usually hate the police and avoid all contact with them. I therefore think that it's extremely unlikely that the woman would refer the matter to the police because it would mean that she'd have to answer some rather awkward questions herself. I'd be very surprised if your daughter hears any more about this matter. (However, if she happens to see this woman walking along the street towards her, she'd be well advised to cross over the road and keep as much distance as possible between herself and this woman).

Chris

[gazy1968]

I hope so Chris,
your help has been extremely helpful. I just hope this is the end of this.

Best Wishes Gary