Going to court

copier_guy

Hi,

Need some advice please.

Eldest son was beaten up at school by a gang - broke his nose and stuff.

CPS decided that a caution for the main offender was not appropriate (thankfully) and are prosecuting him for assault.

This is all totally new to us, and we dont no were to start. Will we need a solicitor?

Any advice will br great.

Son was 16 at the time with the main offender around the same age, they are in the last year at school.

Thanks

CG

twi1ight

I don't think so. It's the CPS prosecuting the offender. As the victim, your son will likely be asked to give evidence. Perhaps this website can help:
http://www.cps.gov.uk/victims_witnesses/going_to_court/index.html
Have the police or CPS assigned you some kind of victim support?


My disclaimer - I really have no idea and am guessing. I was once a witness to an assault and later gave a statement. I was asked if I was prepared to give evidence in court but in the end it didn't come to anything.

c_l_a_i_r_e

No, you won't need a solicitor. If the Defendant pleads guilty then there will be no further involvement for your son, however if he contests the assault charge your son will have to attend court and give evidence. Given the ages though, this will be heard in the youth court which is a much more informal setting. The CPS will be in contact with you regarding the case and will keep you updated on the progress, so rest assured there is nothing you should be doing.

DVardysShadow

Kay_Peel wrote: »

If the offender pleads guilty then you won't have to go to court. You will just be told about the court appearances (there may be a couple) and what the sentence is.

Good luck!

Defendant, please.

I know this is personal to the OP, and I don't doubt the matter. But I think a principle is being stated here, so it is Defendant and not Offender.

copier_guy

Thanks for the replies.

I understand it's innocent until proven guilty and he is a defendant.

He accepted a police caution when he and us thought that's all he was getting. Let's see if he suddenly decides he is innocent.

meritaten

This happened to my youngest son and I know its a traumatic time for you. Have you contacted Victim Support? they can be a great help as others have told me (no-one suggested it for my son).
YOU dont need a solicitor, Crown Prosecution are taking the case..........that means your son is a WITNESS he wont be sitting at the prosecution table. the CPS should tell him what is going to happen, go over his statement etc. its a good idea to take a dry run out to the court and scout out the courts, where to get refreshments, where the toilets are etc and where the best place is to park if going by car. that way at least you wont get frazzled on the day by not knowing where to go etc. Its really nervewracking and it DOES help if you can be in the courtroom while your son is giving evidence - leaving someone with him while he is waiting to be called.
Its not one of lifes pleasant experiences - but, if the culprit is convicted it is a really good way to acheive closure on the attack.
CPS rarely prosecute unless they are fairly sure of a conviction so I hope this is the result you get!
good luck and let us know how it goes hun.
merit

DVardysShadow

copier_guy wrote: »

... He accepted a police caution when he and us thought that's all he was getting. Let's see if he suddenly decides he is innocent.

Actually, something seems very wrong here. If he has accepted a caution, it should be the end of the matter. It seems to me to be an abuse of process for the CPS to offer a caution in exchange for a confession - and then go on to a trial for a conviction. You cannot hold a fair trial under these circumstances, so do not be surprised if his lawyer can get the whole matter stopped [rightly in my mind if he has already been cautioned]

Zoetoes

c_l_a_i_r_e wrote: »

No, you won't need a solicitor. If the Defendant pleads guilty then there will be no further involvement for your son, however if he contests the assault charge your son will have to attend court and give evidence. Given the ages though, this will be heard in the youth court which is a much more informal setting. The CPS will be in contact with you regarding the case and will keep you updated on the progress, so rest assured there is nothing you should be doing.

Similar thing when my son was 13 and the thug was 16, it wasn't a youth court though, although they asked if he would prefer to be behind a screen when giving evidence. Fortunately for him the lad didn't turn up so was found guilty in his absence, ordered to pay £70 in compensation to my son which went into his account in dribs and drabs a few times but never got the whole amount!

Savvy_Sue

meritaten wrote: »

its a good idea to take a dry run out to the court and scout out the courts, where to get refreshments, where the toilets are etc and where the best place is to park if going by car. that way at least you wont get frazzled on the day by not knowing where to go etc. Its really nervewracking and it DOES help if you can be in the courtroom while your son is giving evidence - leaving someone with him while he is waiting to be called.

Victim Support may be able to facilitate all of this - a pre-trial visit, sitting with him while he waits to be called etc.

copier_guy

Sorry I may have mis informed you.

He has admitted the offence under police questioning.

The police wanted to caution him but the cps reviewed the file and decided that a caution was not appropriate hence an assault prosecution is commencing

meritaten

copier_guy wrote: »

Sorry I may have mis informed you.

He has admitted the offence under police questioning.

The police wanted to caution him but the cps reviewed the file and decided that a caution was not appropriate hence an assault prosecution is commencing

which does not mean he will plead guilty. be prepared he will plead NOT guilty and blame it on the others who had cautions! do NOT think that because he would accept a caution would mean he would plead guilty - his solicitor would advise against that!