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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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My son was involved with an incident on St august he was a

Customer Question

My son was involved with an incident on St august he was a attacked by one man so he fought back the 4 other men jumped in how ever they came off worst 2 of the men do not want press charges not sure about other 3 pleas advice he is due at police station on Th October 2013
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this. Have the police charged him with anything yet?
Customer: replied 3 years ago.

no he is on bail

Expert:  Jo C. replied 3 years ago.
Thanks. What would you like to know about this?
Expert:  Jo C. replied 3 years ago.
Hi

Are you ok?
Customer: replied 3 years ago.

with reference to previous question he was due back at police station tomorrow how ever the police officer in charge rang him up to tell the date has been changed as the need more medical evidence what dies this mean denise

Expert:  Jo C. replied 3 years ago.
It just means that they are not ready to interview him yet or arrest. Medical evidence is outstanding. With the assault charges medical evidence is critical as it basically dictates the charge. If there are not injuries then its a common assault, if there are serious injuries then its a GBH.

It doesn't mean they won't interview him at some point but just that they are not ready to do it now.
Customer: replied 3 years ago.

so even though he was acting in self defence he could be charged with gbh

Expert:  Jo C. replied 3 years ago.
Yes he could.

Lots of people who are innocent are charged. Thats why sometimes people are acquitted at court.

Customer: replied 3 years ago.

for jo c so if his charged with gbh then would it be better to go to crown court

Expert:  Jo C. replied 3 years ago.

Its likely that the Magistrates would decline jurisdiction anyway but if he is raising self defence then it would be better to go to the Crown Court.
Customer: replied 3 years ago.

for jo c what i don't understand is no photos was taken of alfies injuries and they were bad i feel completely alone in this he was drug tested which came back negative, and yet these men were probable drunk as they all came out of a working mans club and at end of the day his a 20 year fighting off 4 grown men denise

Expert:  Jo C. replied 3 years ago.
They wouldn't normally take photographs of his injuries unless they were evidence at the time of his arrest which I imagine didn't happen at scene since they do still want to interview him.
Customer: replied 3 years ago.

for jo c also while his on bail he must not stay in this area how ever he does pop in to get clothes etc is he breaking his bail because when the officer rang me she asked if he was here and to be honest he just walked in to get his work tools

Expert:  Jo C. replied 3 years ago.

Sorry, I missed this.

If his bail excludes him from the area then he would be in breach of bail if he returns I'm afraid.
Customer: replied 3 years ago.

for jo c so what happens now the officer rang when he walked in and what does it mean that his in breach of bail

Expert:  Jo C. replied 3 years ago.
I'm not sure how he can be on bail anyway if he wasn't arrested immediately?

But yes, if he is on bail then this would be a breach. Its quite unlikely they would arrest him on it though but what they will do is use it to support an application to remand in custody if he is charged.
Customer: replied 3 years ago.

for jo c thanks for your advice i still feel something inst right could i sue these men for assault denise

Expert:  Jo C. replied 3 years ago.
You cannot sue for assault but your son can although it would be advisable to wait for the outcome of the criminal case as that would be decisive and you would be better off knowing the outcome before beginning a civil action.
Customer: replied 3 years ago.

for jo c thanks for your advice im just so worried and the worst thing was he was 5 minutes from home the police said to him why didn't he run i thought that was strange when 4 men are attacking you how ever lets hope justice is served thanks again Denise

Expert:  Jo C. replied 3 years ago.
The point they are making by that comment is that he had the opportunity to escape - in their view.

If he had the opportunity to escape then reacting violently. Self defence is quite restricted in the UK. You have to show your actions are necessary and proportionate which basically means try everything except violence.

Whether a jury accept that is another matter.

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