Is this assault?

JenJen70

McKneff wrote: »

But if you go in all guns blazing protecting your son all your going to do is humiliate him.

I learnt that when I did it once at the school of one of mine, I vowed never again.

Just move on and tell him to watch what he's saying on face book and use some of the security offered on there by using the
privacy settings.

It isn't my intention to go in with any guns blazing, that is why I have posted on here for advice and further opinions.

JenJen70

Oldernotwiser wrote: »

Most people would say that a young man had a big advantage over an overweight middle aged man.

Unfortunately not my young man, he's a fairly quiet lad who is unused to dealing with such agression.

Emmzi

he's 21

could be
- married
- serving in forces overseas
- in police training
- a father
- moved out with a mortgage

I'd have died at 21 if my mum had been fighting my battles for me.

Why not send HIM here for advice if he wants it, but otherwise surely it's time to let him get on with it?

I promise to be polite and helpful if you send him over. Honest!

McKneff

JenJen70 wrote: »

Unfortunately not my young man, he's a fairly quiet lad who is unused to dealing with such agression.

Well going home and posting stuff on facebook is certainly not the way to deal with it, hopefully he would have learned from that.

mr-angry

My main issue would be with the police officer in question. I would have a chat with their inspector with a view to making a formal complaint.

The witnesses you mention, are they willing to give a statement to the police regarding the event?

Emmzi

JenJen70 wrote: »

Police finally called to see my son this evening and, according to my son, the officer was very hostile & quite agressive in her manner.

Is it possible your son does not want to press charges, feels railroaded into talking to the policewoman, and so is telling you that she was unhelpful, instead of telling you to back off?

after all, he doesn't have to live with the copper...

tomjonesrules

mr-angry wrote: »

My main issue would be with the police officer in question. I would have a chat with their inspector with a view to making a formal complaint.

The witnesses you mention, are they willing to give a statement to the police regarding the event?

I trust you mean that the son should speak with the inspector, not the mother?

The police officer may not have been strictly correct in her definitions, but she did give a realistic overview of the situation. If you (OP) make a big deal of this, either with the police or the uncle, the problem will continue. Plus, even with evidence, the chances of the uncle getting anything more than a caution are negligible.

The old phrase about choosing your battles carefully seems very relevant here.

Welshwoofs

It sounds like a very good lesson for your son not to gob off on Facebook about everything that happens to him in life.

Move on...

mr-angry

tomjonesrules wrote: »

I trust you mean that the son should speak with the inspector, not the mother?

The police officer may not have been strictly correct in her definitions, but she did give a realistic overview of the situation. If you (OP) make a big deal of this, either with the police or the uncle, the problem will continue. Plus, even with evidence, the chances of the uncle getting anything more than a caution are negligible.

The old phrase about choosing your battles carefully seems very relevant here.

Yes sorry the son should should speak with the inspector (my opinion).

I understand what you are saying about choosing battles etc but if the police officer is stating that she is of the opinion that no offence has been comitted when you (the OP) feel strongly that it has and dont feel that the constable in question has acted in a professional manner then yes you should speak up, otherwise this officer may well treat many others in the same way. Especially when you have witness evidence.

As for the outcome, I dont think anyone is expecting a high court appearance out of this.

marywooyeah

jumpedtheshark wrote: »

Technically: first incident might have been assault, depending on how it was perceived by your son; second incident was battery. IF the police officer said it turns on whether or not your son was physically harmed, she is wrong. I'd be very surprised if she actually said that. Anyway, the CPS definitions are available here: http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/ (scroll down to the section on "Common Assault").

good advice! I'd class the first incident as assault too - causing another to apphrend the immediate application of unlawful force is the definition of common assault and from the sounds of it I'd say that's made out here.

However, pressing charges is another matter as it would have to be proved that the uncle committed this beyond reasonable doubt. The PO said she saw the CCTV but that the uncle didnt touch him, did the first incident take place in a blind spot of the CCTV? Unless those people you spoke to would be willing to testify against the uncle, it's unlikely to go to court due to lack of evidence.