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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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Dear Jo C On Friday Night, there was 4 of us out. one guy

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Dear Jo C
On Friday Night, there was 4 of us out. one guy approached me i ignored him, then the same guy approached my friend and they were arguing. So I approached the male and gently asked him to calm down, he was then being aggressive shouting that he will get more friends and fight, and then me and my friend explained to him we were not interested in fighting etc. While saying this I gently taped his shoulder to calm him down (I don't know if this is an offence trying to diffuse the situation) and then he pushed me and my friend punched him in the face and then the guy ran off to get his friends and started to chase us. I have never had any thing to do with police, but I am still scared as I don't want to get criminal record, may you help?
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.
What would you like to know about this please?
Customer: replied 2 years ago.

basically my friend told me that I will get charged for affray as I touched the person in question (He said the police office told him this) He was one of the four arrested, so I am just very scared. The police had put us in for suspicion of assault and affray. The person that punched the male owned up to the police in police station that he did punch the person. the rest 3 of us were just trying to calm the situation. Even after the guy pushed me I did not do anything to him, or push him back.

We are required to come back to police station on 1st june so just want to know what would happen to me?

Expert:  Jo C. replied 2 years ago.
Have you already told the police what you have said above?
Customer: replied 2 years ago.

I told them that it was just very gentle tap on the guys shoulder to calm him down and that he was drunk, and the above. Also they asked if I had anything to drink I told them about 2 drinks.

Expert:  Jo C. replied 2 years ago.
Yes, but have you told them that your friend punched him?
Customer: replied 2 years ago.

Yes, because there is a CCTV there and it was on windsor high street. The guy in question got a little cut on his lip, minor injury. Also the person that punched him said it in the police station that it was him who punched him and had nothing to do with us.

The other 2 who didn't punch him are my cousins and they roughly said the same story as mine, as that was the truth.

Am I in serious trouble?

Expert:  Jo C. replied 2 years ago.
It would have been better if you hadn't told them. At least, obviously you cannot lie but this should have been no comment interview as identity would almost certainly have been an issue that you have helpfully resolved for them.
Tap on the shoulder is a common assault. There are occasions when an assault of this nature can be lawful and the prevention of crime is one of them which is almost what you are raising here although is not the best defence. Given the minor nature of the incident though it is possible that they would not have prosecuted you for that.
The difficulty is that your friend punched him and that exceeded the amount of force that you were entitled to use. They could say that you were acting together the group and so public order offences or just argued that this was a joint enterprise assault.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo

Thanks for the answer, that would apply even if my friend says that all the fault was his and we had nothing to do with it? His story was that he acted in self defense because he was scared of the person, but ultimately he punched him and not us. Because it was him arguing and we were just trying to cal, the situation.

The problem I have here is would I get a criminal record for this even though its my first time to ever be involved with the police?

My main concern would be to be able to travel to other countries as the first question they ask is whether or not have I had any criminal convictions, and that would really jeopardise my career.

If they do give me anything what would it be? Jail, caution, tag?

If they do, can I appeal for it if I am ready to pay for a good solicitor to fight my case as I really didn't do anything, and if that is worth it in my case.

Sorry to ask so many questions, I am just really scared and want to know possible outcome of this.

Expert:  Jo C. replied 2 years ago.
Yes, they could argue it was joint enterprise.
I thought he might be saying self defence. Might work. Might not. The trouble is that punching somebody who has done no more than push another is not really reasonable force.
What you would get depends. If they charge your friend with an ABH they could charge you with common assault or joint enterprise ABH.
I think their preferred option though would be S4 public order or affray. You don't see many affrays now and you would probably be acquitted on the facts you set down. S4 is their better option. You would probably only be fined for that.
Customer: replied 2 years ago.

Hey, sorry jo for late reply.

From what I have said and your experience, what do you think is the most likely that should happen to me.

That's my last question and thank you for answering all questions, u've been of great help, and ill rate your service the best :)

Good Luck

Expert:  Jo C. replied 2 years ago.
It depends on a number of variables really.
I think their preferred option though would be S4 public order or affray. You don't see many affrays now and you would probably be acquitted on the facts you set down. S4 is their better option. You would probably only be fined for that.
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