ChatterBank1 min ago
gbh with intent: no charges?
6 Answers
I was assaulted a couple of months ago. The police were called and I gave a statement in the back of the police car, but said no when asked if I wanted to press charges. At the time I wasn't aware of the seriousness of my injuries.
It later became apparent I'd sustained a concussion, permanent facial scarring and a fractured cheekbone.
From what I've read, the fractured cheekbone elevates the assault to GBH, and the sustained nature of the assault (head-butt + multiple heavy punches to the head) clearly indicates 'intent'.
It's unfortunate that I declined to press charges at the time, but I was (unsurprisingly) shocked and not thinking straight and didn't realize the seriousness of my injuries. Also a shame the police didn't call an ambulance or drop me at A&E, which would have made the extent of my injuries clear.
I spoke to the CPS some time later and they'd never received a report on the case... which I suppose is in accordance with my original wishes, but the CPS said it isn't my decision to prosecute or not and they should have received a report anyway.
Perhaps the police didn't bother submitting a report because there were no witnesses, or rather the witnesses were all members of the assailant's family and had been collectively "looking the other way" at the time. The assailant did, however, admit the assault to the police (but probably not in writing).
So is there anything that can now be done? It's a bit of a travesty that the assailant admitted GBH with Intent to the police, and gets to brag about it.
Is there a time limit on resurrecting charges? Am I right in assuming an oral admission of guilt to a PC is insufficient grounds for prosecution in the absence of cooperative witnesses? (Which I guess is understandable... you can't, in general, bring a prosecution on the strength of a PC claiming an oral confession! But alternatively, can you reliably walk away scot-free after committing GBH if you do so surrounded by your friends and family?)
It later became apparent I'd sustained a concussion, permanent facial scarring and a fractured cheekbone.
From what I've read, the fractured cheekbone elevates the assault to GBH, and the sustained nature of the assault (head-butt + multiple heavy punches to the head) clearly indicates 'intent'.
It's unfortunate that I declined to press charges at the time, but I was (unsurprisingly) shocked and not thinking straight and didn't realize the seriousness of my injuries. Also a shame the police didn't call an ambulance or drop me at A&E, which would have made the extent of my injuries clear.
I spoke to the CPS some time later and they'd never received a report on the case... which I suppose is in accordance with my original wishes, but the CPS said it isn't my decision to prosecute or not and they should have received a report anyway.
Perhaps the police didn't bother submitting a report because there were no witnesses, or rather the witnesses were all members of the assailant's family and had been collectively "looking the other way" at the time. The assailant did, however, admit the assault to the police (but probably not in writing).
So is there anything that can now be done? It's a bit of a travesty that the assailant admitted GBH with Intent to the police, and gets to brag about it.
Is there a time limit on resurrecting charges? Am I right in assuming an oral admission of guilt to a PC is insufficient grounds for prosecution in the absence of cooperative witnesses? (Which I guess is understandable... you can't, in general, bring a prosecution on the strength of a PC claiming an oral confession! But alternatively, can you reliably walk away scot-free after committing GBH if you do so surrounded by your friends and family?)
Answers
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@exdc,
Thanks. You're clearly right.
Have a feeling the police viewed it as a minor disturbance, bloody nose, etc. with no cooperative witnesses (and I didn't help by - at the time - just wanting to get home and not being interested in taking it further)... and that they were very happy not to conduct formal interviews or deal with the paperwork for arresting and charging.
Which may make it hard to take further now.
The attending officers knew my assailant well and referred to him as "high spirited". He's got a track record of being handy with his fists which the police seem to have dealt with in the past by sitting him down and wagging their fingers at him ever so sternly. This has encouraged him to believe he can get away with unprovoked GBH. Sadly he may well be right in this.
Thanks. You're clearly right.
Have a feeling the police viewed it as a minor disturbance, bloody nose, etc. with no cooperative witnesses (and I didn't help by - at the time - just wanting to get home and not being interested in taking it further)... and that they were very happy not to conduct formal interviews or deal with the paperwork for arresting and charging.
Which may make it hard to take further now.
The attending officers knew my assailant well and referred to him as "high spirited". He's got a track record of being handy with his fists which the police seem to have dealt with in the past by sitting him down and wagging their fingers at him ever so sternly. This has encouraged him to believe he can get away with unprovoked GBH. Sadly he may well be right in this.
Hi shortshrift
It will be interestng to see if / how this offence has been recorded and if it was recorded then how was the crime report finalised.
Basically, if an offence of assault was recorded (prob ABH), then some manager would want it detected by a charge, caution or summons etc (only for SMT's pie-charts and not for the good of society). It may be that the offender was dealt with for a public order offence in the absence of your complaint but then you should have really been informed if that were the case. But do give the relevant police farce a call, it is a common occurrence etc
It will be interestng to see if / how this offence has been recorded and if it was recorded then how was the crime report finalised.
Basically, if an offence of assault was recorded (prob ABH), then some manager would want it detected by a charge, caution or summons etc (only for SMT's pie-charts and not for the good of society). It may be that the offender was dealt with for a public order offence in the absence of your complaint but then you should have really been informed if that were the case. But do give the relevant police farce a call, it is a common occurrence etc
@Canary42,
Can only agree with your sentiment.
The CPS told me it wasn't up to me whether to press charges or not, but the fact of the matter is that the police asked me exactly that question when I was standing in the street bleeding and I said no.
It may have no official standing, but it probably influenced them in not really investigating and subsequently using their discretion to not submit a report to the CPS.
Can only agree with your sentiment.
The CPS told me it wasn't up to me whether to press charges or not, but the fact of the matter is that the police asked me exactly that question when I was standing in the street bleeding and I said no.
It may have no official standing, but it probably influenced them in not really investigating and subsequently using their discretion to not submit a report to the CPS.
Hi shortshrift
Just for your info, I don't agree that the police would have needed any consultation with the CPS over this matter if no one was arrested for what was thought an ABH assault with no complaint from the victim. Officers always ask how you would wish them to proceed etc, as it all part of this victim led approach or whatever the lastest buzz word is nowadays.
I do feel sorry for most front-line police officers as the way the modern police farces are set up leaves hardly anybody available to be dealing with the hundreds of offences that are reported daily and hence discretion is needed to try and get through it all.
Just for your info, I don't agree that the police would have needed any consultation with the CPS over this matter if no one was arrested for what was thought an ABH assault with no complaint from the victim. Officers always ask how you would wish them to proceed etc, as it all part of this victim led approach or whatever the lastest buzz word is nowadays.
I do feel sorry for most front-line police officers as the way the modern police farces are set up leaves hardly anybody available to be dealing with the hundreds of offences that are reported daily and hence discretion is needed to try and get through it all.
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