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

stormCat99

No I didn't sign a statement. The police interviewed us straightaway, but we weren't asked to sign anything. We had to sign the medical form that was filled out with our details on it though.

I didn't realise victim support type organisations might be able to help with practical things so I guess I will look into that, they may be able to give me more information about what's likely to happen perhaps.

I forgot to mention as it's probably important, they have admitted th attack so it's not like as if it's our word against theirs. I'd have hoped that if someone admits something, plus we have witnesses, surely they should get some sort of punishment? Otherwise what is the point of the police and the courts

stormCat99

growler834 wrote: »

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.

Hi,

No it wasn't even the caution they wanted us to go with. They gave the options of:

1. do nothing
2. restorative justice i.e. meet them and get an apology
3. charge them - but that that may end up with just a caution, or may end up going to court.

It was option 2 they were pushing. He actually said that as they had them there, that we could do it right away and get the apology straightaway. Although I wasn't thinking straight I knew that wasn't appropriate. And in hindsight, it seems wrong he was pushing us into that when:

1. we were still very much in shock and in no state to be making key decisions. I was crying and shaking and just couldn't get my head around had just happened still, and
2. the people were very drunk. So how could I get a meaningful or sincere apology?

Anyway, I'm just complaining now which won't help things.

stormCat99

I'm on an anonymous forum so why on earth would I lie about something, especially something like that?

I have only advised as to what happened. If this is going to turn into an argument thread I will stop posting as I have enough to be worrying about.

I've posted for help with one particular question as I've never had this type of situation happen before and don't really have a clue. I think based on the advice given so far, it seems fairly consistent saying that the support group should be able to help advise. So this is what I'll be looking into next.

Thanks to everyone that took the time to respond and help, can't believe how many speedy replies I've had

GobbledyGook

VI8 wrote: »

This is all not true. The police do not give you options to choose from. You have been interviewed, the accused have been interviewed, witnesses have given statements and the offenders have admitted the crime. This would have been put before the CPS and they both would be charged and bailed to appear before the courts.

Surely you mean - 'This should not happen' rather than 'this is all not true'.

By now in your 4th year surely you are aware that what 'should' happen is not always what actually happens.

Sometimes the police, or more often specific police officers, do not do things exactly the way they should.

SailorSam

I use to be a volunteer with Victim Support, you say you're not interested in compensation, don't be silly you're entitled to it, you're going to be out-of-pocket losing time off work and taxis if nothing else. Don't get a Solicitor to help you fill in the form they'll want their 20%. Victim Support will do it all for free, and just talking to them will make you feel better.
The two things you need to do without delay are .... Report to the police, you've done that. Get medical evidence as to your injuries, i presume you've been the hospital or your Gp. So now the VS can start your claim.
https://www.gov.uk/government/organisations/criminal-injuries-compensation-authority

tomtontom

I suggest VI8 is a wind up merchant who is best ignored.

LannieDuck

VI8 I'm sure you're not naive enough to believe that police practice is always strictly by the book?

I have a lawyer friend who specialises in criminal defence and police station work. She has a whole bucket full of stories about her encounters with the police when they haven't followed police procedure / legal procedure / rational thought processes!

GobbledyGook

VI8 wrote: »

No, it is all not true. I suggest the IP is prevaricating and I'm not going to get into a quarrel with you. Every case the police deal with gets put before a CPS lawyer who advises the police what to charge the offenders with. They have admitted the crime which means they will be charged. The IP has broken ribs, that is GBH and as it was premeditated an assault as serious as this would never be a matter for restorative justice. These are 2 violent individuals who have committed aggravated GBH and should be punished accordingly through the courts.

I suggest that you are either a wind up merchant or incredibly naive.

There is sometimes a large difference between what should happen and what does happen. Sometimes certain police officers behave incorrectly. Sometimes they are lazy. Sometimes things don't go as they 'should'.

I'm not getting into a quarrel with you, but as someone who had to sit in a police station front office for 3 1/2 hours until someone was willing to listen to me when someone was trying to take my children (discounted entirely as a 'family squabble' as soon as I mentioned she was my MIL) I can tell you that things sometimes don't get done as they should.

stormCat99

Again, I don't know what is 'normal' process. Being offered options as to what we would like to happen, I didn't think twice about whether this was right or wrong. I do agree it seems inappropriate to just get an apology; at the time I was saying this albeit probably not that forcefully, however our 2 witnesses were really nice people and they were almost more angry than we were, they really stood up for us and said that there was no way that an apology was fitting for what had just happened.

I'm glad I didn't just go with what was being pushed by the policy officer at the time. I feel I have to do what I can to 1) ensure these people get at least some sort of punishment and hopefully disincentive to doing this again, and 2) have some sort of formal thing on record so that IF they do do something similar again, at least next time this will be visible if that makes sense.

I have just been googling the Victim Support and they do seem to have lots of practical information on there, so despite the one poster on here, I'm very glad I posted this thread as I would never have known to go to them for help.

I think we should contact them and see what they say, they sound like they will be able to help to guide us with what to do etc. At least I will feel like we are doing something instead of just sat here waiting for updates.

Thanks everyone.

SailorSam

Tomton i often take what a Newie says with a pinch of salt, but in this case i can't see anything that suggests V18 isn't giving good advice.
As to whether the Police bring charges is out of the OPs hands, she only need sit back and let justice take it's course. The only thing she could do is see VS for advice, a claim for criminal injuries has very little to do whether the attacker is prosecuted. In many cases of claiming Criminal Injuries Compensation the attacker is never caught.