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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience:  Over 5 years in practice
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My daughter was attacked without provocation in a bar and struck

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My daughter was attacked without provocation in a bar and struck over the head with a bottle causing injuries amounting to ABH by a female unknown to her.
The injuries have been medically treated & photographed.
The attack has badly shaken my daughter.
There were independent witnesses to the assault
She has learnt that the offender will receive a Police Caution without reference to her views.
The attack was clearly premeditated and aggravated with the use of a weapon.
No statement was recorded from my daughter.
Can this course of action by the police be correct.
It would appear on the face of it to be a nice simple clear up statistic for the police without recourse to a proper investigation.
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.
In short, it is not likely you could challenge this I am afraid. It is an offence suitable for a caution.
It is aggravated by the fact of the use of a weapon and public violence and probably in drink. Those factors would be aggravating features at court.
However, that does not render it unsuitable for a police caution. If she is of good character and admits the offence then the criteria is met.
It is probably right that a man may well not have been cautioned but unfortunately female violence is treated much more leniently for no real good reason but sexism.
In terms of her views, CPS should really canvass them but they are only one consideration. In truth it is fairly rare for complainants to be happy about the decision to caution but that is not something that prevents a caution if it is otherwise the right disposal.
Of course, cautions are a positive result for the police which is why they like them but that doesn't mean it can be challenged I am afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,

Your answer comes as no surprise.

As you could possibly have work out from the way I framed my question I am a retired detective police officer having retired some years ago.

It is little wonder the public have lost all confidence in the Police, the CPS and the MOJ.

In my day it would have been a charge and an appearance in court for the defendant.

Thank you for your prompt reply.

Expert:  Jo C. replied 2 years ago.
Yes, I completely agree with you. Good police work is all about discretion and discretion has been removed.
We are too busy mediating stupid domestic squabbles and prosecuting people for trying to kiss somebody 100 years ago to deal with any real crime in the UK.
Customer: replied 2 years ago.

Hi Jo

How right you are !

I policed in an era where I not only did I use my discretion but used it wisely.

I was one of only a very few detectives that had a good professional working relationship with solicitors that represented their clients at the Police Station, often to the disapproval of my peers and senior officers; but I was a maverick (lol).

Have a Happy New Year.

Expert:  Jo C. replied 2 years ago.
For what it is worth, I don't find officers are the problem.
The problem are chief commissioners who remove discretion. If the public had any idea what most domestics amount to there would be an outcry about the amount of money wasted upon them.
Happy new year.

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