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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70190
Experience:  Over 5 years in practice
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As a victim of an assault, do I have a legal right to ensure

Customer Question

As a victim of an assault, do I have a legal right to ensure the police collect all relevant evidence before they decide NFA?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, in short.
The police are under a duty to keep you informed of the progress of an investigation but it is fair to say that victims do not run cases.
The police are under a duty to take reasonable steps to investigate. What is reasonable depends on the seriousness of the crime and any other factors associated. Obviously some investigation techniques, like facial mapping, are very expensive and only appropriate for grave offences. Similarly, door to door enquiries are a huge drain on manpower and so only appropriate for serious crime.
Taking a S9 statement is simple enough. Probably they do not want to take a statement from a 12 year old because it is intimidating for them and CPS would not make them come to court unless this is a grave offence so there is no point. If there are other adult witnesses who would have seen then it isn't unreasonable to expect that they get statements from them.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks, ***** ***** witness who was present but unfortunately did not see the assault, only the aftermath, the police have spoke to her on the phone, asked her to not take sides? I don't know this person, she has approached me since to let me know that was said. the 12 year old has gone home telling the story of the incident to his dad, the parent has told someone I know, the 12 yr old has indicated he is willing to speak to whoever about it

Expert:  Jo C. replied 2 years ago.
If she didn't see the assault then that will be their justification for not getting a statement from her.
It isn't likely they are going to want to put a 12 year old in the witness box. Whether he says he is willing to speak about it or not, the view of CPS will probably be that doesn't mean he is happy to come to court and give evidence and be cross examined about it even over the video link.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

If I was to ask for a review if it goes to a NFA decision, is it reasonable of me to expect evidence to be collected? all I have asked is that hospital records are checked, the assailant has claimed that his child received a fractured skull during the incident but strangely is not bringing charges? , some 3 weeks later after being found after a police appeal for information, I managed to take a picture of him. this allegation is appalling and as I work with children could have a damaging impact

Customer: replied 2 years ago.

one last question... how would one prove assault? there where injuries, the police took a photo on attendance

Expert:  Jo C. replied 2 years ago.
You can prove it in many ways.
Witness statements, photographs of an injury depending on the type of assault alleged.
The right to seek a review of the decision is not a right to demand that evidence is collected I'm afraid.
The reason they will not check hospital records is that this has no relevance to the offence you allege.

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