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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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Good Evening. My name is ***** ***** am 63 years old. I had

Resolved Question:

Good Evening. My name is ***** ***** am 63 years old. I had an altercation last thursday which resulted in a boy of 15 getting involved. Subsequently i have been accused of assaulting the young man. I have made a statement to the Police and they have told me i could be summoned to court . As i have never been in trouble with the police before i am now very worried as to what will happen. Can you give me some advice please
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

. Thank you question. My name is ***** ***** I will try to help with this. Can you please explain the background to the altercation and what actually happened

Customer:

yes I became involved with another driver over access to a road and we ended up having words as to who was in the right, the incident became heated and words were passed . however when I was moving my car off the road into the private car park near by a young man who was coming from school got involved and he started banging on the car. my intention was not to leave the vehicle but as he was banging on the car I got out to ask him why he was getting involved when it had nothing to do with him, He came right up to my face and I pushed him away he then swung a punch at me and I pushed him away again , witness statements have said I punched the young man which I did not I have told the Police that I pushed him away as I felt intimidated . as I say I am now really worried as to what my actions have done,

Jo C. :

Are you asking if you have a defence?

Customer:

Yes I suppose I am, I am really concerned as to my actions,

Jo C. :

Well, it depends on which version of events is accepted.

Jo C. :

On your account you were acting in pre emptive strike self defence which is lawful.

Jo C. :

He is probably making a different allegation though and probably it does amount to an offence.

Jo C. :

It is always difficult with youths. I think it is a bit of a stretch to say that you went over and assaulted him reason at all. Life isn't like that. There has to be some act of provocation and if there hadn't been then he wouldn't have been involved in this.

Jo C. :

In any event, you are not being asked statement. You are being interviewed under caution in accordance with PACE. Do not refuse the solicitor you will be offered.

Jo C. :

They will probably offer a caution. You need to think very carefully before taking it. It is very easy to accept cautions as they are safer than taking your chances at court and they get you out of the police station quickly. They do have a habit of returning and biting people later though.

Jo C. :

Can I clarify anything ?

Customer:

I think I will be more likely to be summoned , the way the officer who interviewed me indicated.

Jo C. :

Probably because you raised a defence.

Jo C. :

You did have a solicitor in interview I presume?

Customer:

I was not cautioned , The officer who interviewed me mentioned a summons . I was offered a solicitor but I declined the offer as I am not familiar with Police procedure , Would you recommend that I obtain legal advice if it goes to court ?

Jo C. :

Only if it goes to court. The primary evidence gathering stage is interview. That is when you really need a solicitor.

Customer:

Do you mean another Police interview, As I mentioned I have already gone to the Police volentarally and given my statement of events, Could this amount to a custodial sentence or am I panicing

Jo C. :

Common assault does carry custody but it won't happen here.

Jo C. :

Lots of offences can carry custody but it isn't appropriate .

Customer:

What would be the worst case.

Jo C. :

Probably unpaid work.

Jo C. :

Maybe curfew

Customer:

Thank you . You have but my mind at rest somewhat , Final Question, How long will I have to wait

Customer:

f

Customer:

o

Customer:

r

Customer:

m

Customer:

summons?

Jo C. :

They have to lay an information within 6 months of the offence.

Jo C. :

So if you haven't had a summons without about 6 months and 3 weks you will probably have walked away.

Jo C. :

with nothing.

Customer:

thank you once again

Jo C. :

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘’.


Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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