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Section 39 - assault by beating
Can anyone please give me some advice. I was arrested for a section 39 assault against a doorman. My friend and i were verbally provoked on entering a club and then asked to leave. We spent 15 minutes arguing and i struck the doorman but have little memory of the event. The police were called and i was arrested. I am bailed to go back in 8 weeks. I gave a statement saying i didnt punch the doorman but the police have said that they would like me to review my statement after reviewing the CCTV footage. I have no previous convictions. The police havent taken a statement from my colleague who will vouch that we were singled out for abuse. What do you think the outcome will be and what should i do??
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Ambrose,
You state you struck the dooman. You therefore assaulted him, a Section 39 assault is a push, slap in fact any contact can be a Sec 39. The fact you were verbally abused is no excuse for assaulting anyone nor is being drunk and not remembering it. If the police offer you a caution take it, if it goes to court the CCTV and what you have admitted means you will lose at court. Mitagation is the verbal abuse but remember the doorstaff are trained and licensed and sober so who will the police and courts believe.
HOPE THIS HELPS
LawMan
You state you struck the dooman. You therefore assaulted him, a Section 39 assault is a push, slap in fact any contact can be a Sec 39. The fact you were verbally abused is no excuse for assaulting anyone nor is being drunk and not remembering it. If the police offer you a caution take it, if it goes to court the CCTV and what you have admitted means you will lose at court. Mitagation is the verbal abuse but remember the doorstaff are trained and licensed and sober so who will the police and courts believe.
HOPE THIS HELPS
LawMan
The statement was made under caution??
First things first, don't say anymore until you are with a solicitor. Most defendants are interviewed under caution. If they decide to give a statement instead this is usually read out in interview. Was this the case??
Also, when answering yuour bail, you should really have access to the CCTV. It is not a God given right that the police should let you see it. Nut any questions resulting from the cops viewing it, should be answered with NO COMMENT. And because you have not seen the tape, no inference can be drawn from a no comment.
Or further stick to your guns and say I CAN NOT RECALL (which reading above, is the truth.
However, if you are allowed to view the tape and your guilt is obvious, ask the solicitor to ask the police if you are cautionable. This is technically bad practice for the police to say yes to such a request but I can assure you EVERY police officer will do this.
What is strictly not allowed is the police saying "Admit this, and you get a caution" But again, this does often happen.
So my advice, don't say a sausage until YOU (and your solicitor) have ALL the evidence. When you get it, either go for a caution and admit everything, or go with the flow.
First things first, don't say anymore until you are with a solicitor. Most defendants are interviewed under caution. If they decide to give a statement instead this is usually read out in interview. Was this the case??
Also, when answering yuour bail, you should really have access to the CCTV. It is not a God given right that the police should let you see it. Nut any questions resulting from the cops viewing it, should be answered with NO COMMENT. And because you have not seen the tape, no inference can be drawn from a no comment.
Or further stick to your guns and say I CAN NOT RECALL (which reading above, is the truth.
However, if you are allowed to view the tape and your guilt is obvious, ask the solicitor to ask the police if you are cautionable. This is technically bad practice for the police to say yes to such a request but I can assure you EVERY police officer will do this.
What is strictly not allowed is the police saying "Admit this, and you get a caution" But again, this does often happen.
So my advice, don't say a sausage until YOU (and your solicitor) have ALL the evidence. When you get it, either go for a caution and admit everything, or go with the flow.
Shadowman
I was asked to give a statement by way of a taped interview. I had a duty solicitor present. The police rang tonight to say the CCTV footage was conclusive and i punch the doorman. They want me to watch the CCTV footage and give a further statement. Should i contact the duty solicitor again to be there for my bail date + should i take my friend to give a statement re their verbal abuse and manhandling of us when asked to leave the club? Your help is appreciated thanx
I was asked to give a statement by way of a taped interview. I had a duty solicitor present. The police rang tonight to say the CCTV footage was conclusive and i punch the doorman. They want me to watch the CCTV footage and give a further statement. Should i contact the duty solicitor again to be there for my bail date + should i take my friend to give a statement re their verbal abuse and manhandling of us when asked to leave the club? Your help is appreciated thanx
Your solicitor would have been given a copy of the 47/3 Police Bail sheet you were given. Surely he has given you his card??
Yes, go with the solicitor without a doubt. He should turn up as a matter of course.
Further, make a note of everything the police said to you on the phone. It sounds almost "interviewesque" which is a big no no. You never know, a technicality may save the day!!!!
Regarding your friend....................This is a very grey area.
The police should investigate all witnesses and take statements. If these contradict the prosecution, they are given to the court as "sensitive" material which can undermine the job.
However, it will also be the duty of your defence team to take a statement of facts from your friend. He can't give both!!!!! There is also the question of his reliability as independentness.
As well as the CCTV, also ask for what medical evidence there is from the bouncer.
Yes, go with the solicitor without a doubt. He should turn up as a matter of course.
Further, make a note of everything the police said to you on the phone. It sounds almost "interviewesque" which is a big no no. You never know, a technicality may save the day!!!!
Regarding your friend....................This is a very grey area.
The police should investigate all witnesses and take statements. If these contradict the prosecution, they are given to the court as "sensitive" material which can undermine the job.
However, it will also be the duty of your defence team to take a statement of facts from your friend. He can't give both!!!!! There is also the question of his reliability as independentness.
As well as the CCTV, also ask for what medical evidence there is from the bouncer.
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