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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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My neighbour has harassed me past 9 months and

Customer Question

Hello, my neighbour has harassed me for the past 9 months and threatened to harm me after my solicitor warned him about cutting down several of my trees. I have reported each occasion to the police. Last month, my neighbour carried out his threat to harm me. He deliberately blocked the lane with his van to stop me passing, assaulted me, caused criminal damage to my car and then threatened to kill me. This incident was caught on camera. The police then decided to investigate this particular incident and decided to issue my neighbour with a conditional caution for common assault. I still feel endangered and I intended to prosecute my neighbour myself. However, the police said that I would only be allowed to bring civil and not criminal proceedings against my neighbour if I did. I would be grateful if you could explain why I cannot bring criminal proceedings against my neighbour. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Because it offends against the principle of double jeopardy.The allegation has been resolved by a caution. A person can't be prosecuted twice in the UK save for exceptional circumstances.It is not really more complicated than that I'm afraid.They have decided to offer a caution and that is the end of the matter.Can I clarify anything for you?Jo
Customer: replied 1 year ago.

Hello, many thanks for your quick response. My question of prosecuting my neighbour was to put to the investigating officer before the police issued the caution to my neighbour and I now feel let down and indeed misled by the police for not informing me of the principle of double jeopardy. Would it be worth raising a conduct complaint against the investigating officer? Thank you.

Expert:  Jo C. replied 1 year ago.
Not really.A conditional caution was something they were perfectly entitled to do and it wouldn't matter whether you agreed or not. The only question is whether it meets the criteria.
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Customer: replied 1 year ago.

I think not! Thank you again.

Expert:  Jo C. replied 1 year ago.
All the best.