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

Yorkie1

Back to the OP (hyperlinks taken from CPS website as the info is well outlined there):

As others have said, including parts of what VI8 has outlined, the process is as follows:

1. You report the assault
2. Police investigate
3. Police initial decision how to take matters further where there is sufficient evidence to charge.

This includes a simple caution, a conditional caution, decision to charge, or referral to the CPS for a decision to charge.

Cautions mean that the offender admits the offence but does not go to court or get a conviction on their record. A conditional caution means that there are additional conditions for the person to comply with, otherwise the case does go to court.

Restorative justice can run in parallel with prosecutions (i.e. charges) but is often offered as part of a conditional caution. Depending on the offender's previous background, it's possible that the police were considering it as part of a package of conditions to offer the offender as a CC.

Assuming the police knew about your broken ribs before charge, it's likely that the case will have gone to the CPS for a charging decision because it will be ABH or GBH (probably the latter according to charging standards but there are cases where either charge can be justified).

You say that the person responsible has been charged, and so the case will now go to court. The process then goes like this:

4. Defendant appears at the magistrates' court for the first time. He will be asked to provide an indication of whether he pleads guilty or not.

5. If he pleads guilty, he is convicted and the court decides whether it can sentence him.

Sometimes they need background information about his circumstances from probation; sometimes the facts are too serious and the case has to go to the Crown Court for sentence.

Sometimes there's a difference in opinion between the prosecution and the defence about the facts - and that difference would make a difference to the sentence, so the court (either the magistrates or the Crown Court) will have to hear evidence from you and from the defendant to decide which version to sentence on.

6. If he doesn't indicate a guilty plea, for an offence like yours then the court will probably have to decide where the trial should take place. Once that has been decided, the case is either adjourned for trial in the magistrates' court, or it is sent to the Crown Court for trial.

It will probably take a number of weeks for the trial to take place in the magistrates' court, and many months in the Crown Court. You'd be asked for your available dates, and told when the trial is listed for.

There's more information about going to court here.

If you're worried about giving evidence, the prosecution can ask for measures to be put in place to help you. The police will discuss this with you.

There is also the Witness Care Unit, which should keep you informed about the progress of the case if the police officer in your case does not do so.

7. After trial, if the defendant is convicted, or after he pleads guilty, he is then sentenced. As part of that process, the court will consider whether to award compensation to you. They base that decision on a range of things, including the information they have about the impact of the offence on you / level of injuries, and also whether the defendant has been jailed and what his level of income is.

You will have been offered the chance to make a Victim Personal Statement to outline the impact on you, and you can make updated statements throughout the process.

You originally asked whether you needed a solicitor. The answer is no, you don't. Make sure you keep the officer in the case fully informed, or the Witness Care Unit if you have one in your case, and they will pass on relevant information to the prosecution.

Good luck.

Edit to add: Have a look also at the Victims' Code, which sets out exactly what you can expect from the different parts of the criminal justice process at all stages of a case.

fizz

gunsandbanjos-this ranks no.3 in the past week. mse is on acid.lol

ManofLeisure_2

I do find this story rather worrying.

A few years ago, I was out with a group of friends and we were set upon by a gang of thugs. Our injuries weren't particularly serious - just minor cuts and bad bruising. However, the police took the matter 'very' seriously.
After hospital treatment our injuries were photographed and statements were taken.
Only 'one' of the gang was caught, but no matter, he was eventually charged with gbh and the case went to court. Glad to say that the jury found him guilty.

emsywoo123

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

Somerset

VI8 wrote: »

Look how inconsistent these 2 versions of events are. .

They are not inconsistent, and to be quite honest, if you think they are, I pray you never get anywhere near the CPS.

CH27

VI8 wrote: »

Look how inconsistent these 2 versions of events are. The first post and that post are completely different. You have been told two different stories and I'm the person in the wrong here?

All I did was point this out. You can't change your story twice in law, but you all appear to miss this. I was right with the inconsistencies and proved it. If this is the grounds for an attack on me for showing the prevarication from the IP, then you all need a reality check.

They aren't inconsistant! :huh:

trevorsminted

Ok lets all chill out - OP has got broken ribs and wants advice


VI8 is ambitious and one day will be dealing with such events and was excitedly looking for evidence and fault within the story which is part of his future career - I like a bit of Murder, She Wrote! (thursoak check how I remembered the comma after murder) anyway


thursoak - is a long time constant on this forums and likes to be the grammar checker and gets a kick out of informing forum feedbackers that they lack grammar within their sentences going into great detail regarding English language but this does not make her racist!


Prevarication - god how many times has this word been used we get the picture!

Prothet_of_Doom

Whatever you do, don't go and burn the !!!!ers in their beds whilst they sleep, as the police will definitely take that further.


If you are injured you could sue them for damages via a solicitor.

bloolagoon

OP what follow on tests did they do for your hematuria?

minimad1970

I think this thread should be moved to DT ;)