Daugter was assaulted what next

*Vikki*

Get them charged.

Janepig

rose28454 wrote: »

The police mentioned that they may just be cautioned but apparently this is considered a criminal record aswell. We shall see. BTW she has not yet decided what to do.

Yes, it does go on their record - if they get into trouble again then it will show up on their list of previous convictions.

Jxx

diable

Its just shocking that you can't go out for a fun night out without it ending up in a punch up with a few pi55ed up lads but now it seems women are just as bad.

I don't see this in other countries I have visited or lived in.

I would get them charged as well but if you live in a small town with not many clubs or pubs then her social activities may suffer.

chewmylegoff

it's not clear whether the people responsible for the assault have been identified.

if they haven't, there is probably little point taking this forward (before even considering how useful your daughter's evidence will be). the police aren't going to spend a lot of time trying to identify them given that no serious injuries have resulted. they simply don't have the resources to spend time trying to resolve what is a relatively minor and unfortunately common matter. just because they are on cctv doesn't mean they can be easily identified. if your daughter doesn't know who they are, there is little chance of this case going anywhere.

i know from experience of reporting a similar matter to the police when i was younger. i got a beating for no reason whatsoever (it appeared to be a case of mistaken identity). i said i wanted to press charges, went to the station and gave a statement, and that is the last i heard of it. was just a waste of my time, really.

leanneq

Janepig wrote: »

Well it's not entirely up to the Police. They pass what evidence they have to the CPS who will advise on the appropriate charge (if any) and whether to proceed with the case mostly based on the likelihood of them securing a conviction (targets, targets, targets :rolleyes:) - Police have little or no say in it. Often in cases like this, if the assailants are of clean character then their defence solicitor can write to the CPS to ask them to consider a caution - although the Police/CPS might do this themselves.

I know I probably sound quite negative, and in an ideal world anyone who assaults someone should be punished for it in a Court of law, as a deterrent if nothing else, but unfortunately it doesn't happen like that and when making her decision whether to proceed with a case, the OP's DD needs to be aware that there'll be tough times ahead.

Jxx

That's not entirely correct - police have some say in the sense that if they don't think there is a case to answer they can make the decision to close the case. Also they can make the decision to caution. It's only when someone doesn't admit their guilt and in certain offences that cps have to give authority to charge

Kay_Peel

leanneq wrote: »

That's not entirely correct - police have some say in the sense that if they don't think there is a case to answer they can make the decision to close the case. Also they can make the decision to caution. It's only when someone doesn't admit their guilt and in certain offences that cps have to give authority to charge

That's right.

The police decide what cases go to the CPS. If the officer feels there is no evidence to support a charge they will close the case with No Further Action. If the officer feels that there is enough evidence but the offender has no previous convictions for violence (eg assault, damage and drunkeness) then they will caution the offender without anyone's permission, including the victim and the CPS.

If you are cautioned you get a police record not a criminal record. They are two different things.

If the case goes to the CPS they use a number of tests to see whether its worth a prosecution. Is it in the public interest? What are the chances of securing a conviction when the chief witness was not entirely blameless?

If the CPS decide to go ahead with a prosecution, she will face the ordeal of cross-examination in the witness box. The offenders may be found not guilty by the magistrates. They will not get a criminal record for an appearance at the magistrates court where there has been a Not Guilty finding. Your daughter may even find that the Magistrates bind her over to keep the peace for a year.

If they are found guilty they will probably be given a conditional discharge and bound over to keep the peace for a year. The finding of guilt will go on a criminal record. Additionally, but not usually, they might be ordered to pay a token sum to your daughter - £50, say - and they can ask the court for time to pay. You might receive £5 per week.

Your daughter could apply for criminal injuries compensation. The agency would look at the claim and ask themselves whether your daughter contributed to her misfortune in some way. From the brief details that you have given us, I would guess that they would refuse to entertain the application.

MinniMe_2

OP I can't give any advice - just wanted to leave you a hug!

Triggles

Couple things here.

First of all, obviously it's your daughter's decision whether or not to go along with pressing charges. And yes, because she pushed one of them inside the club, she could very likely be charged with this if that person decides to pursue that. In your daughter's case, pushing the girl amounts to common assault, as long as no mark has been left.

As your daughter had bruises and marks left, but no broken bones, the charge against those that assaulted her is technically ABH.

The general breakdown is:
common assault - no marks or injury left
ABH - bruises, scrapes, broken nose (as it is cartilage and not bone)
GBH - any broken bones, serious injuries

There should be CCTV inside the club as well - most clubs (especially those with reputation for trouble) have CCTV inside as well as out. But as far as the CCTV that you have access to due to your voluntary position - do NOT access it or view it. Don't request it or anything. Let the police do it. If you have any type of involvement with it, it will be come suspect as you have no legimate legal reason to view it (such as for your job). It's better to just let things go through their normal channels.

A previous poster is correct in that if your daughter decides she does not want the prosecution to go ahead, the police COULD still charge the girl, based on CCTV evidence and statements, simply charging her with a public order offence. I've seen this happen numerous times.

Oh - and it's standard practice not to take an actual written statement from someone when they've been drinking. It's just simple common sense. Happens all the time.

RachelW1987

I would just be warey if she does charge that the other girls can counter charge. TBH I cant see any charges actually coming from it

rose28454

Thanks for all your input and thoughts good and bad. And a special thanks for the hug.
My daughter decided to not pursue the charges and the policeman came to see her today. He is going to see the main assailant and talk to her about what has gone on. He says he can only talk to one of them but if her friend who tried to help her names one of the others he can then do the same with her.
My daughter went to the doctor today and the doctor gave her some sleeping pills as she is not sleeping as she is so shaken up. However she will move on from this and one thing she will do is not visit that club again. I will not try to view the footage but have decided to take up my voluntary post again if they need me if it means I can prevent this happening to another person.