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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My child invited by the police and injuring a

Resolved Question:

My child invited by the police for fighting and injuring a classmate
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

Hi

My son and the victim were playing during break and he passed racial comment "black count' to another boy playing with them and my son who is also black verbally cautioned him to stop but instead he moved closer to my son and repeated the same comment aloud to the hearing of most of the other boys playing. My son responded with a fist to his face and this sent him spinning to the hard floor and blood was everywhere. My son was sent to the office from where he was escorted home. The accompanying deputy head said he should stay at home pending time to tidy up things. Ask what I should do next he said he would call me yesterday which he never did. The next I saw was thatvpolice came and asked me to bring my boy for questioning on Tuesday 17/2/15 @5pm. The policeman said it was the parent of the boy who reported. My boy is 15 he has never fought with anybody in his life. All the teacher can testify to this. Could you please advise on what is to happen now and possibly the outcome of this problem.Im too bothered about my son having a brush with the law at this tender age. My son is also so depressed now and very frightened too. Thanks

Ebenezer

Expert:  Jo C. replied 1 year ago.
How old is your son?
Customer: replied 1 year ago.

He is 15

Customer: replied 1 year ago.

He is 15 he has being in the school for 4 years

Expert:  Jo C. replied 1 year ago.
Is the complaint an assault or the racial words?
Customer: replied 1 year ago.

I don't know what the complaint was. The policeman who came in to invite me and my son did not explain anything more than the fact that it was the parent of the injured boy who came to lodge the complaint.

I also wish to explain further on the incident. My son is black and the injured classmate was uttering racial word to my son hearing before my son hit him on his face. Eye witness said my son warned him verbally at the first time and it was the second time he hit and injured him. I didn't see the boy but the police said he had a couple of stitches to his face

Expert:  Jo C. replied 1 year ago.
OK
Are you asking if this is a defence?
Customer: replied 1 year ago.

Could you enlighten me on the likely outcome of the problem with the police. I mean is it going to be a court case and the implication for my 15 yrs old son. Besides what is expected of me on the issue now.

Expert:  Jo C. replied 1 year ago.
I presume he has no previous?
Customer: replied 1 year ago.

No previous problems at all. He as always been very quiet , well behaved and loved by both teachers and students in his school

Expert:  Jo C. replied 1 year ago.
Their proposal is probably to offer him a youth warning.
I am not sure what he says about how the fight started? If he struck the other boy first then that is an assault. Whether they can prove it or not is another matter of course.
Make sure that he does not refuse the solicitor that he will be offered in police interview. Whether he should accept the caution or not depends on the circumstances. If they could prove the case in court then he should unless he has a defence. If they could not then he should not in any circumstances.
They will invite him in voluntarily for interview and will only arrest him if he just refuses to co-operate.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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