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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70637
Experience:  Over 5 years in practice
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I was involved in a minor altercation last night and was

Customer Question

Hi, I was involved in a minor altercation last night and was then followed by the other person. I went to a police station but the person followed me in, made an assault allegation and I was arrested and detained for 6 hours without questioning or legal advice which I requested. I have been bailed to reappear at a police station but feel I have not been given the opportunity to counterclaim for threats of violence and intimidation... Is this OK? How shall I make the claim? I just want this to go away!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Claim for what?

Customer: replied 1 year ago.
That the other person should surely also be arrested based on the facts of what happened. I wish to say that he was also agressive and followed us in a car for over 40 minutes which made my wife very intimidated..
Expert:  Jo C. replied 1 year ago.

It depends really.

On the whole, it would not be proper to arrest both parties. That would inevitably mean that the victim of every fight is arrested.

In any event, if they are investigating you then they are not going to take a crime report about him arising from the same incident.

I think overall the reason you were arrested is that he was making an allegation of crime. If all you were alleging is that he was following you then, even if the driving was of a poor standard, that would not be an arrestable offence.

For that reason, I'm not sure what you could claim for? You are not describing a crime or a civil tort so far.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
But surely if both parties are being threatening to each other then for one to claim I assaulted him, how can I reply that he was just as intimidating both during the altercation and after? Doesn't the threat of violence constitute assault too?
Customer: replied 1 year ago.
In addition he has made massive claims which just didn't happen but how can I prove one against the other?
Expert:  Jo C. replied 1 year ago.

Well, it doesn't matter whether he was or not. In the course of a fight people do tend to become intimidating.

Threat of violence only constitutes an assault by apprehension if there was an immediate apprehension of violence and obviously the police would normally investigate the battery rather than the assault by apprehension. Doing otherwise would be an affront to common sense.

Expert:  Jo C. replied 1 year ago.

Complainants do usually exaggerate.

How you disprove it is another matter. There are no magic wands. It depends on what evidence you have available. I suspect in a case such as this it will come down to giving evidence in a way that is believed. How that is achieved is really something only you can do.

That is always supposing it leads to a charge.