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

emsywoo123

Edited as in response to (and quoted) a removed member of MSE

princeofpounds

I can quite easily imagine that the police did not class it initially as GBH, because they would not have known that the OP had broken ribs.

Or, if an apology would have sufficed to satisfy the OP, then they might have classified it as a minor enough crime to permit a restorative justice approach, even if that's not really what it is. Less paperwork, less serious crime on record, happy victim. What's not to like?

I am sure VI8 is probably right on the procedure, but I also have no problems imagining that the police don't always follow it. My own experience of this is from housing law, where police have been known to dismiss and sometimes even assist illegal evictions.

In answer to the OP - don't expect anything to happen quickly. The important thing is to make sure everything gets passed to the CPS for review, and that they have all the proper evidence (medical records, statements and police notes/interview data primarily). You don't need to get a lawyer as the CPS should prosecute 'for you' (actually for the crown technically, but you get the idea).

GobbledyGook

VI8 wrote: »

I think he is more inclined to be defending the IP, rather than providing support to the IP. I'm not being pig headed towards the IP, I'm showing her how her inconsistent story would be picked apart in a court room. I have showed on here she is prevaricating and they would do the same in court. The offenders could plead guilty to what they accept, which would lead to a Newton hearing and the IP would be cross examined by the defence solicitor. If I can pick apart her story, what chance does she have in court?

If that's your first instinct towards a potential victim of a crime - to register with a website just to pick them apart rather than have any worries that the police have behaved wrongly or to have any concern that they haven't been referred to Victim Support then god help anyone whose case comes across your desk.

This is not a court room. It's a website where people come for advice and support. The ONLY appropriate advice in this case is 'speak to Victim Support'. If the OP is a true poster VS will support them, guide the through the process and explain to them what the police should be doing.

tomtontom

VI8 wrote: »

If you let me conclude before passing judgment, the IP could possibly face someone like me in the court room where she will have nobody to jump to her defence and as I have shown by picking apart her story, if she is cross examined by the defence she is in serious trouble because if her statement is anything like it is on here, she will be torn apart by a defence solicitor and the offenders will get off lightly.

The prosecution would intervene and point out that your textbooks do not reflect the real world.

SailorSam

Tomton i've just checked back on that thread from last week, Furry Tips the poster who didn't seem to have a good word for you has disappeared, perhaps she has been banned. I did say last week that i wasn't sticking up for either of you 'cos either or neither might have been trolls. It seems as if Furry Tips may have joined just to cause trouble, maybe she clouded my judgement.
I don't know what the average is, but 10 a day seems high although some much be much higher.

thorsoak

VI8 wrote: »

I actually want to be a crown prosecution lawyer and picking holes in a statement is what I'm good at. I've picked out all the inconsistencies in the IP's story and it doesn't add up. There is lies in there and if you take a look at it, you will see the inconsistencies.

I would respectfully suggest that you take your GCSEs first, then your A levels, decide upon which course suits you best at uni, gain a 2.1 degree - and then apply for one of the 20 vacancies for pupillage by the CPS.

You're not going to have much time for trolling on MSE if you are to achieve your ambition! Also, your use of the english language and grammar should be impeccable - obviously at the moment there are some glaring errors.

thorsoak

VI8 wrote: »

.......... I've gave legal advice and the correct legal procedures which should be followed, which has showed the IP to inform the IPCC.

There is also over 3000 guests online on this forum, and over 1000 registered users online. On occasion, one of us eventually signs up. I'm no wind up merchant, as suggested, just sharing my knowledge and giving detailed explanations from what I make of this story.

You may well have a limited KNOWLEDGE of the law, but as yet, you have very little EXPERIENCE. I suggest that you follow the age-old advice handed out to all trainee solicitors in the firm that I worked for - "you have two ears, two eyes and one mouth - use them in that order".

trevorsminted

Hmm not siding with VI8 but first story was they were still at the station and drunk but they could apologise there and then as she happened to be there also??? and further stories were OP was informed they had arrested them but released them blah blah blah!!! I have no experience but after reading VI8 then tried to analyse the situation and wondered why OP has changed that part as she had no idea when they were arrested?? no idea about the rest but I would be taking matter further with the police if they did indeed inform OP they could get 2 drunk people to apologise to them there and then as they were still in the building?? very unprofessional "Oh they pre med battered you but let them say sorry so we can get this over with" I would be seeking legal advice for that part!

GobbledyGook

VI8 wrote: »

No it is to file a complaint to the IPCC without hesitation, because if what the IP is saying is true, which I doubt it is, the people in the wrong here are the police for not acting accordingly towards such a serious crime.

One thing I have to bring up, yes I'm a new user *sigh. I've read this forum for years for food money saving advice as I'm a student and don't have much money. I saw this thread and it related to my level of expertise which I have provided with competence. I've gave legal advice and the correct legal procedures which should be followed, which has showed the IP to inform the IPCC.

There is also over 3000 guests online on this forum, and over 1000 registered users online. On occasion, one of us eventually signs up. I'm no wind up merchant, as suggested, just sharing my knowledge and giving detailed explanations from what I make of this story.

So at last we get a little chink of light from you.... There is a chance the police are in the wrong.

Do you not think you'd have been better asking a few questions of the OP first? Did it not occur to you that sometimes victims of crime can be confused or panicked or fuddle details when they are talking because they are trying to remember everything?

You took one look at the opening post and decided 'liar'. You then didn't do anything other than pick it apart without offering any helpful advise (asking if they were the attacker is not helpful advice). You didn't even entertain the thought that the legal system was letting the OP down. Nor did you post factually in the theme of "If what you are saying is correct the police are handling this wrong." You just attacked.

You didn't show the OP to inform the IPCC until 5 posts in AFTER you said "This is all not true" and were challenged on it when it should have been one of the first things someone in your position should have said.

Perhaps you need to go and do a bit more reading about how the police get things wrong sometimes to ensure that you play your part in helping victims get justice. THAT is what CPS staff are there for, not making snap judgements at first viewing on a website and going on the attack without asking any questions first.

As for the new poster thing I didn't say anything negative about you being new. The post I made to SailorSam was simply a response to the suggestions that Tomton's responses to you were somehow unhelpful because some people/person thought he may have been a troll.

stormCat99

Please can I ask that people actually read all of my posts? Nothing I've said is contradicting at all, please read them through properly as nowhere am I changing my 'story'. I've just said what happened.

At no point have I said that WE were in the police station. We've not been to one at all, not even now. The police were on the scene, we didn't call them, they just appeared so we obviously spoke to them.

I'm not sure what you mean when you say 'she happened to be there also'? We were at the scene of the attack still, so of course we were there and so were the people that did it. That's where we stayed whilst talking to the police and seeing the medical people.

I do agree it seems wrong in hindsight that the police were 'favouring' the option of an apology. Especially there and then when the people in question were still drunk.

But I don't have the energy to even consider pursuing anything with the police; yes it seems poor and yes I think it was bad advice. But I suppose to them it was just another incident; to us it's been horrendous and unthinkable, but to the police they have probably seen far far worse. It's not as though we were stabbed or have head injuries or anything so they probably view it relatively speaking as minor.

But as I say we DO definitely want to ensure we do whatever we can, to try to ensure the people that did it are punished. If nothing else, to hopefully make them think twice about doing it again to someone else. Surely you can't just do that to someone and get away scot free, that would just be plain wrong.

Nothing is going to make things up to us now - not an apology, certainly not money, so the only thing we can do is ensure they are brought to justice. This is why I was asking whether we need a solicitor - but it seems the consensus is that we don't.

I will definitely get in touch with Victim Support as I think they sound best placed to help with this. I will post back as to what happens, but at the moment it sounds as though nothing will happen particularly soon.