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pressing charges for assault
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A friend was assulted in a club on friday evening, cctv shows the unprovoked attack. She has a cut nose, black eye and swollen cheek. The police have said she cannot press charges as the other person said it was self defence. The msanager in the club said after watching the cctv it clearly shows the other person hitting her in the face. What should she do?
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The trouble with this advice is that it in effect condones thuggery. Common assualt is a criminal offence & the police ought to want to deal with it. If they haven't seen the CCTV then they should be asked to study & reconsider their decision (it would be a good idea if your friend & an independent person looked at it first).
If the police have seen the CCTV then your friend's only approach - if she wishes to follow it - is to make a complaint to the IPCC.
Incidentally, I hope there is some independent written evidence of her injuries - including photos.
If the police have seen the CCTV then your friend's only approach - if she wishes to follow it - is to make a complaint to the IPCC.
Incidentally, I hope there is some independent written evidence of her injuries - including photos.
Let me tell you how the system works:
1: If someone reports an alleged criminal offence, the Police are duty bound to investigate.
2: No Police Officer worth his/her salt would tell you to forget it. It is not their place to do so. Their duty is to gather any and all available evidence, be that from eyewitnesses, cctv, DNA, fingerprinting, by interviewing suspect(s) etc etc.
3: If anyone is arrested/interviewed as a suspect, the following course(s) of action may be taken: A) S/he/They may be charged with an offence and given Bail to appear at Court at a later date. B) They may not be charged immediately, but instead released on Bail to return to the nick at a later stage because Police enquiries are incomplete. C) The Custody Sergeant at the nick can decide to release them without any charge because of lack of evidence. D) Again, released without charge in the event that the complainant may decide to withdraw the allegation(s). E) A dossier of evidence gathered may be sent to CPS in borderline cases to decide whether the evidence contained in it is strong enough to prefer any charges.
Think very carefully before approaching the Police with such a complaint, because if it was a 50/50 type of assault, the other party may have as much reason to complaIn as yourself and the matter may ultimately fizzle out.
1: If someone reports an alleged criminal offence, the Police are duty bound to investigate.
2: No Police Officer worth his/her salt would tell you to forget it. It is not their place to do so. Their duty is to gather any and all available evidence, be that from eyewitnesses, cctv, DNA, fingerprinting, by interviewing suspect(s) etc etc.
3: If anyone is arrested/interviewed as a suspect, the following course(s) of action may be taken: A) S/he/They may be charged with an offence and given Bail to appear at Court at a later date. B) They may not be charged immediately, but instead released on Bail to return to the nick at a later stage because Police enquiries are incomplete. C) The Custody Sergeant at the nick can decide to release them without any charge because of lack of evidence. D) Again, released without charge in the event that the complainant may decide to withdraw the allegation(s). E) A dossier of evidence gathered may be sent to CPS in borderline cases to decide whether the evidence contained in it is strong enough to prefer any charges.
Think very carefully before approaching the Police with such a complaint, because if it was a 50/50 type of assault, the other party may have as much reason to complaIn as yourself and the matter may ultimately fizzle out.
You say your friend was assaulted? I take it she has actually called the police, or are you assuming that?
If your friend wishes to make a complaint of crime, and there is evidence an offence has occured the police are compelled to investigate the offence.
The thing is though, I would suggest your friend thinks carefully about whether there could potentially be any counter complaints. Personally I have never had a problem with nicking all parties in a drunken argument outside a club.
The number of people I have met who want to report an assault because "well I lost this one didn't I".
Tell your friend to call the police non-emergency number for the force area she lives in - say she wishes to report a crime and that way the call will be logged, and it will have to be dealt with.
Hope this helps.
If your friend wishes to make a complaint of crime, and there is evidence an offence has occured the police are compelled to investigate the offence.
The thing is though, I would suggest your friend thinks carefully about whether there could potentially be any counter complaints. Personally I have never had a problem with nicking all parties in a drunken argument outside a club.
The number of people I have met who want to report an assault because "well I lost this one didn't I".
Tell your friend to call the police non-emergency number for the force area she lives in - say she wishes to report a crime and that way the call will be logged, and it will have to be dealt with.
Hope this helps.
on the night of the assault the police were called and they visited my friend at home and said that the other person said it was self defence and its her word against the other persons. She took their advice and left it over the weekend, however she did revieve hospital treatment and made a statement and they took photographs on the monday. The police said they saw the cctv nd the xmas tree blocked any view of an assault. Another person went to the place where it happened and casualy asked a member of staff about cctv and he said there are no blind spots in the building AND the tree is the other side od the room, no where near where the incident took place. So something dosen't add up. Does she have a right to ask to view the cctv herself or does she just forget it and as themas said, condone this thuggery. She is adament she didnt strike her or provoke her in any way and feels like she hgas been let down.
My understanding is that the CCTV belongs to the club & not to the police, so I see no reason why she shouldn't ask the club if she can view it (assuming no-one has "accidentally" erased it, of course).
Only she can decide whether to take this further (IPCC?) but it would help greatly if there were some independent witnesses who could corroborate her statement, unless the CCTV does enough. Most definitely, if she is able to see the CCTV & it contradicts what the police said (i.e. it supports what she told them had happened), she should take it further because they have either been careless or deliberately misled her.
Only she can decide whether to take this further (IPCC?) but it would help greatly if there were some independent witnesses who could corroborate her statement, unless the CCTV does enough. Most definitely, if she is able to see the CCTV & it contradicts what the police said (i.e. it supports what she told them had happened), she should take it further because they have either been careless or deliberately misled her.
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