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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Is assault of a person on private land a civil matter OR

Resolved Question:

Is assault of a person on private land a civil matter OR something else ,in the eyes of the Police .
Nick
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, I regret to say that an assault on private land will not be considered a civil matter. It will be treated as a criminal matter and the police will get involved. This is a universal rule. Most assaults take place on private land, such as in the premises of a public house or a niteclub, or domestic violence in a house. However, this does not prevent the police prosecuting. So you need to be careful, as the police may decide to prosecute. Be also aware that if there was an assault committed, that you can get sued for the civil remedy of damages.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the answer as unless you Rate the answer your expert receives no payment for answering your Question.
Customer: replied 1 year ago.

Thank you ,

Yet in this case they only were prepared to say it was each side "claiming" to have been attacked . So I was mislead by what they told me :- Being a civil matter ?????

Maybe just did NOT wish to be involved in this matter, so by classing it as a civil matter . ?????

Nick .

Expert:  Buachaill replied 1 year ago.
3. The police will generally get involved where there is an assault and any type of injury. HOwever, if the assault is minor and there is no real injury, the police will leave it to civil remedy. It is a matter of degree and the individual officer discretion. Here, the police, by classifying it as each side "claiming" to have struck one another, obviously took the view there was no serious injury and they weren't going to prosecute.
Customer: replied 1 year ago.

Your so right .but now on asking for the incident report on this I have been asked to why ??? So an officer is to visit for a "chat" because of the nature of the assault ie forcing his hand into my coat pocket and the my jeans pocket . I have not press the police into this ONLY to see WHAT the report has been done on the incident "wall" of Essex police site .

My thanks again .

Nick .

Expert:  Buachaill replied 1 year ago.
4. Dear *****, I would advise you to tease things out with the officer who is coming for a chat. See what his attitude is. This will give you a clear picture of where the police stand. Ask him straight out if they are going to get involved. Get a clear picture of the lie of the land.
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Customer: replied 1 year ago.

Your a STAR .

Police just phone to chat about my request to see Incident report on this matter WHY DID I NEED IT ????

In reply I told him because of me re-applying for a Firearms Cert next .

They NOW fully understand this so will bring it round for me .

Nick .

p.s

Invited him round for tea etc next time he was passing .( LOVELY )

NGH