We were assaulted - do I need to get a solicitor?

stormCat99

Hi all,

My husband and I were attacked on Saturday, to cut a long story short I've now got broken ribs and am off work.

Luckily the policy caught them, they have admitted it, and we have 2 very kind people who offered to be witnesses.

Up to now the police haven't been particularly great. They pushed the 'restorative justice' option - basically where we just get an apology. The circumstances around this incident mean it was premeditated so I don't see this as an appropriate outcome.

Police were meant to call on Wednesday to ask what we wanted to do, they didn't ring so we chased up and they finally rang today.

They've had the people in for questioning and seemed to think that was the end of the matter - but I don't want to let them 'get away with it' and am definitely keen to take things further. Not sure what is involved in doing so, and assume it may not be very pleasant to do, but we have to do it.

The police seemed to think it would be a few weeks before they get the hospital notes through, and goodness knows how long till anything actually happens.

I don't know if we should be doing anything differently, at the moment we're now just waiting for whenever we hear an update from the police.

I've never had anything like this happen before, nor had any dealings at all with the police. So it's only just occurred to me today, should we get a solicitor?

Many thanks.

Morglin

Not sure what you are looking for here, and I wouldn't think you would need a solicitor - the most that will happen next is that you are called as a victim/witness. The court, if it gets there, may allow you to read out a statement.

The courts will decide any punishment, if the police and CPS decide to proceed (not guaranteed).

If you think you should be financially compensated, then you need to apply here, although the criteria is pretty tight.

https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority

I believe that, after conviction, criminals can issue an apology, if they choose to.

If you wish to take out a private prosecution, then I would read this first, as the costs can be horrendous:

http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/

Lin

stormCat99

Hi,

Not looking for financial compensation or anything - although obviously been rather inconvenienced and cost time off work, taxis to hospital etc, but that isn't the point.

I just want to make sure these people are suitably punished. And whilst it's obviously the police's job to do that, they haven't seemed very interested so far.

Which is why it's just occurred to me to ask the question, as to whether we are supposed to get ourselves a solicitor? I have no idea what other people usually do in this type of scenario, and don't want to feel stupid later on if we find out we should have done something differently.

Morglin

boots_babe wrote: »

Hi,

Not looking for financial compensation or anything - although obviously been rather inconvenienced and cost time off work, taxis to hospital etc, but that isn't the point.

I just want to make sure these people are suitably punished. And whilst it's obviously the police's job to do that, they haven't seemed very interested so far.

Which is why it's just occurred to me to ask the question, as to whether we are supposed to get ourselves a solicitor? I have no idea what other people usually do in this type of scenario, and don't want to feel stupid later on if we find out we should have done something differently.

Private prosecution:

http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/

Lin

RAS

boots_babe wrote: »

The police seemed to think it would be a few weeks before they get the hospital notes through, and goodness knows how long till anything actually happens.

Have you signed the paperwork authorising the hospital to release the notes?

The police will need to wait a little while to see whether it is a straight forward assault or whether there are further medical complications requiring surgery.

Have they charged the people concerned?

And have you been given information about Victim Support?

elsien

The police gather the evidence. They send it to the crown prosecution service, who decide whether to prosecute or not.
From your side of things, trying to get the police to keep you informed is probably the most you can expect for now.

Morglin

If it's anything like London, I would just forget it!

Lin

stormCat99

RAS wrote: »

Have you signed the paperwork authorising the hospital to release the notes?

The police will need to wait a little while to see whether it is a straight forward assault or whether there are further medical complications requiring surgery.

Have they charged the people concerned?

And have you been given information about Victim Support?

Nobody has mentioned anything about needing to authorise the release of my medical notes, the police just said they would ask the hospital for them. i'm obviously more than happy to allow this though.

Re medical complications - I had blood in my urine so they were initially worried about kidney damage, but the urology consultant I saw gave me the all clear thankfully. For the broken ribs there is nothing I can do but rest up. I also have a swollen and sore neck but again just need to wait for that to get better. So I really don't think (hope) there will be any further problems coming out as it has been almost 6 days now since it happened.

The police weren't keen to charge them, as I say they seemed to be pushing for us to meet them and have an apology. Firstly I never want to see them again, and secondly you can't just 'apologise' for a brutal attack, especially when it was premeditated. The police have now charged them, they said it *may* go to court given the seriousness of injuries. But I don't know much more than that. No idea if I'd have to go to the court if this happened, although I assume so? I don't know how I'd manage to do that but will worry about that if/when it happens.

Not been given any info on victim support no. Not sure what they can do except be sympathetic?

GobbledyGook

You should speak to victim support. As well as giving sympathy they are good at guiding you through questions like this. They explain all the procedures and help keep you informed.

I hope your injuries heal soon. Gemma x

RAS

Did you sign a statement?

If so, there may have been an authorisation with it?

Victim Support help with things like court appearances.

growler834

When the Police arrested & interviewed the defendants, because they admitted the assault, the Police had 2 options (dependant on the severity of the injuries). One option was to 'Caution' them (along with an apology to you) and the other option was to charge them & send the case to the CPS for a decision as to whether it goes to Court. Option 1 - Caution - can only be given if the defendants have admitted to the assault - it goes on their Criminal record & should they be in trouble again it could be referred to for sentencing in later prosecutions. I think that this option is what the Police were hoping you would agree with as it is quicker & less paperwork for them.

All I can suggest is that you ask the investigating officer to keep you updated with the progress of the case and that you speak to Victim Support who will be helpful in explaining the Criminal Justice System.