Why did these people escape punishment

[emmie]

be warned the picture is upsetting, and can't understand how the thugs managed to get away with this crime.

http://www.dailymail....e-ANY-punishment.html

[Ankou]

it is difficult to understand, especially when the article doesn't actually tell you any facts that could indicate why.

perhaps there was not enough evidence to fully convict individuals.

[emmie]

A Lincolnshire Police spokesman said the case was passed to the Youth Offending Team who decided not to press charges but to give a caution for common assault,
this doesn't seem right, no matter how one looks at this case.
Poor lamb

[tommy-h]

Shocking!The police should hand out summary justice-slaps and claps

[exdc]

The injuries sustained certainly go beyond 'common assault', and if there was sufficent evidence / admissions for a formal Caution then there would have been enough to charge (send to court).

I am afraid the decision does not surprise me when the Youth Offending Team are involved.

[emmie]

all i can see is a bunch of cowards, who got off from assaulting a young girl, her parents must wonder when justice would be served.

[whiskeryron]

Does she have brothers or other relatives who can meter out justice ? I am sorry to put this point but I'm afraid in this country now it's like living in the lawless U/S wild west where people had to deal with criminals themselves.

W Ron.

[emmie]

Ron, i understand, but that's not the answer, though it gives the message that some can do as they please and escape punishment, the parents of these cretins should be thoroughly ashamed

[emmie]

exdc, are they lenient?

[Old_Geezer]

It doesn't look as if the Youth Offending Team gave any reasons for the decison, probably not normal to do so. But I wonder if society isn't owed explanations for decisions made on their behalf.

Of some interest: it seems Sophie has now been chosen to carry the Olympic torch.

[emmie]

OG, she has, but that hardly makes up for 10 months out of her life, the bstards could have killed her, what is wrong with society

[flump1]

Dear God, what on earth is wrong with us when we can do this to our peers.? I hope Sophie recovers and realises that not all people are scumbags like these .

[emmie]

i hope so to, and wish the evil twerps nothing but bad luck.

[New Judge]

I don’t know how Lincolnshire police work but generally the Youth Offending Team (YOT) – like the Probation Service - have no remit to decide whether a prosecution is brought or not. The stated aim of YOT is to prevent young people offending. This should more properly be “reoffending” because few if any youngsters come into contact with YOT unless they have already offended. Charging decisions are solely matters for police and the CPS.

As exdc rightly says, the injuries sustained by the girl go way beyond Common Assault and a charge of ABH would have been proper. The police have the discretion to issue cautions and conditional cautions rather than to ask the CPS whether a prosecution is appropriate. What you see here is the result of the excessive use (and often abuse) by the police of such out-of-court disposals. The facility was introduced to deal with low-level crime committed usually by first-time offenders. “Mission Creep” has seen their use extended to deal with serious crime and/or repeat offenders and victims are not receiving the justice they deserve. Yesterday came reports that a woman was given a caution for making false accusations of rape (which, not surprisingly, had a profound long term impact on her alleged attacker whom she falsely accused). She should properly have been charged with attempting to pervert the course of justice (an offence which carries a maximum penalty of life imprisonment).

The assault on the young girl is another excellent example of that mission creep. At the very least the matter should have been put to the CPS for a charging decision to be made. It is easy work for the police to issue a caution instead of preparing the matter for the CPS and possibly for court action. For the Lincolnshire constabulary to suggest the decision was that of the YOT does them no credit at all and brings them into disrepute.

[emmie]

NJ, so failure all round, not fair or justice.

[New Judge]

Quite so, em. Victims of violent crime are entitled to see their attackers dealt with robustly and issuing a caution does not meet that definition in my view.

This matter is complicated slightly by the fact that the alleged offenders are under 18. However, here’s an extract from the Code for Crown Prosecutors that deals with young offenders:

"Prosecutors should not avoid a decision to prosecute simply because of the suspect's age. The seriousness of the offence or the youth's past behaviour is very important."

"Cases involving youths are usually only referred to the prosecution service for prosecution if the youth has already received a reprimand and final warning, unless the offence is so serious that neither is appropriate or the child or young person does not admit committing the offence."

It is my view that this offence was “so serious” that a reprimand or warning was not appropriate. It is also my suspicion (though of course I do not know) that this matter was not properly put before the CPS.

By the way, there was a slight error in my earlier answer. “Conditional Cautions” cannot be issued by the police but must be dealt with by the CPS.

[notasyoungasiwas]

More horror from the human race. I only hope this poor girl can put it all behind her forever. There's no justice any more as far as I can see.

[grffindoor2011]

This girl is the one that should be getting a million not that doctor and her 4.5 million.