Common Assault

[starone]

A young friend of mine (aged 22) became involved in a fracas between two sets of youths in which he had a few cuts and bruises and someone in the other crowd also had cuts and bruises. No weapons were used, just fists. The other chap is bringing charges against him of common assault. There were no cctv pictures and the only evidence is that collected by the police from the two sets of youths, some for and some against him. The case has been sent to the County Court although there does not seem to be much evidence. The solicitor he was consulting has told him the cost will be in four figures. As he does not have pence in four figures, leave alone pounds he has had to dismiss him. He seems to think he will have to defend himself. First, is this true? I thought he would be allocated a solicitor if he could not afford one (or is this only in America?). Secondly can anyone tell me what the sentence is likely to be if he is found guilty? This is his first offence except for one of drunk and disorderly, with his friends, which the police did not pursue. Thanks for anyone who can explain. Although he is technically a man and should have to deal with his own shortcomings his mother and myself are quite worried.

[Buenchico]

Well, you've certainly got me confused!

Firstly, I assume that you mean the Crown Court, rather than the County Court. (County Courts only deal with civil law matters. Crown Courts handle criminal cases).

Then you've said the charge is 'Common Assault'. That's normally a 'summary only' offence, which means that it can only be heard in a Magistrates Court, not in a Crown Court. ('Common Assault' can only be dealt with by a Crown Court if the defendant is also charged with a more serious 'indictable' offence at the same time).

Then you've said that the cost 'will be in four figures'. While that's probably true (if the case really is, for some unexplained reason, to be dealt with before a Crown Court), it's not necessarily true that your friend should have to pay it. Everyone who is accused of an offence which could possibly lead to a prison sentence (even if, in reality, such a sentence is unlikely) is, if their financial circumstances meet the relevant criteria, eligible for free legal aid. Your friend should phone Community Legal Advice on 0845 345 4345, to be put in touch with a solicitor who works within the Legal Aid Scheme. (He should get the solicitor to check what charge he's actually facing. If the matter has been referred to the Crown Court, it sounds more like the lower level of 'ABH', rather than 'Common Assault', to me).

Chris

[starone]

Thanks Chris. Well, as you can see I do not know much about courts and as you said it is of course the Crown Court. He has already been to the Magistrates Court and it has been passed on to the Crown Court. I think you are saying that this young chap has not told his mother everything and there may be more to it than he is saying. He has told us it is Common Assault.but it seems likely that it is more. I will pass on your advice about Community Legal Advice and maybe he will be able to find out more. Forgive my ignorance but what does ABH stand for?

[Buenchico]

Thanks for the reply.

'ABH' = 'Actual Bodily Harm'.

'Common assault' is described in this link:
http://www.cps.gov.uk..._the_person/#P92_3540
(In particular, see paragraph 13).
Scroll down (to paragraph 46) for a description of 'ABH'.

Chris

[starone]

Thanks Chris. I have looked at the link and it seems to me that the injuries may be more than he is admitting to his mother. I did suggest this to her when she said he had to go to Crown Court, because I thought it was only bad cases that the Magistrates Court couldn't handle that went there, and of course there will be a trial with a judge and jury. Don't know much about it, but that seemed likely, but being his mother she didn't believe me. I hope he doesn't get a prison sentence, but by the look of things it does seem possible. It is not until June so there are a couple of months yet until we find out. In the meantime thanks very much for your help.