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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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my friend was playing with my cousin son who is ten years old

Customer Question

my friend was playing with my cousin son who is ten years old and my friend is 45 as they were playing my friend who is 45 pushed the ten year old little hard but did not get hurt or anything but cried , he apologized straight away ,and my cousin accepted , but my cousin brother next day in the evening went to the police station a filed a compliant towards him , we are all shocked with this drastic action will my friend get in trouble as the boys mother also said its silly what her brother did
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

Does he have any previous matters?
Customer: replied 4 years ago.

no not at all he is fun loving guy works in a bank he has kids of his own

Expert:  Jo C. replied 4 years ago.
Thanks.

How did he come to push him that hard? What were the circumstances?
Customer: replied 4 years ago.

they were both playing not violent we all saw and forgot about is

Expert:  Jo C. replied 4 years ago.
Thank you for the information.

Of course, it is a silly allegation and he would never have made it if he had to pay for the police investigation. However, unfortunately the world is full of people like him who waste the police resources by reporting trivialities and we have to deal with it.

There are various options available. They will probably offer your friend a police caution. I wouldn't suggest taking it lightly.

On the positive side, a caution is not a conviction and obviously there is a risk that he would be convicted here if this went to court.

On the negative though, you should be never be taking cautions unless there is a strong chance of conviction at court. If the child is not going to give evidence then he would walk away with nothing at court. I do realise that a ten year old child is not realistically capable of making that decision and its the subject of his parent's choosing whether he gives evidence or not but the Crown are not going to want to put a ten year old in the witness box lightly.

Also, he can rely on the defence of horseplay. You do have to show that horseplay was within reasonable limits though.

He will be invited in for an interview which he should really attend. They will only come and arrest him if he does not. He must not refuse the solicitor that he will be offered. Ideally a solicitor would attend with him at his instruction.

Hope this helps. Please let me know if you need more information.