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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70217
Experience:  Over 5 years in practice
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Good morning. My name is***** was working as a door supervisor

Customer Question

Good morning. My name is***** was working as a door supervisor in a venue. One white male came outside the venue and swore on my mother, spat me on my face and walked away for no reason. He and his friend pretended that nothing happened. I then walked towards then slapped the guy and he fell on the floor. His friend tried to take a picture of me and I grabbed his phone and threw it to the ground. IT was broken,.
I was emotionally upset at that point. They went to the police station who called me in two days to attend an interview. I went to the interview and I gave my version os events. They have me on the CCTV slapping the person and one kick and me grabbing his phone. But it does not show what happened before since there was camera on my main door. During the interview they asked me if I was the person on the CCCTV and I had to say yes.
They then sealed the cd and told me that a sergeant will investigate and notify me on the next steps. The males want to go for criminal damage.
I have a few questions:
1. Was it a mistake that I did not take a solicitor with me on the interview?
2. Will they charge for common assault?
In my culture my mother and women are on the top of the society and it is considered a criminal offence to swear on your mother. I have no criminal record in the past and this is the first time this is happening.
Can you please advise me on what happens next?
Regards,
Nick
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.
On your specific points above.
1 Yes, I am sorry but it was and it always is.
2 Yes, probably they will if you have told the police the facts that you mentioned above. There is no point in crying over spilt milk as there is nothing that you can do now. But you have admitted slapping him and grabbing his phone so it is game over. This should have been a no comment interview as a solicitor would have told you.
It is a shame they didn't caution instead of charge. It might be possible to negotiate a caution. The trouble is though that you have admitted the offences so there isn't really anything in it now for the police.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,

In the interview they asked me what happened> I explained to them that I pushed the male and the second tried to hit me with the phone and that is why the phone broke. After my statement they show me the cctv and they asked me if I was the person on the camera. I never said verbally: yes it was me striking the guy''all I said was when they asked me;; Ye it is me on the cctv

Expert:  Jo C. replied 2 years ago.
Yes, that is why it should have been a no comment interview.
Pushing is an assault.
Customer: replied 2 years ago.

What about the fact that he was racially abusive to me?

Expert:  Jo C. replied 2 years ago.
It doesn't give you a defence to an assault.
Customer: replied 2 years ago.

Ok Jo,

So what is the difference between a caution and a charge?

and what will be the next steps from now?

Is it worth it going to a solicitor or is it too late?

Best,

Nick

Expert:  Jo C. replied 2 years ago.
A caution is over with at the police station and is not a criminal conviction. It isn't a commendation but it isn't a conviction.
You could try going to a solicitor but the truth is there is no legal aid on it now because you didn't have a solicitor at the police station so probably they will not be willing to act until this gets to court.