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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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Mid April while dog walking a lady across the road came out

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Mid April while dog walking a lady across the road came out her house shouting abuse at me caning one of my 2 dogs had defecated on her lawn. I advised not as I always pick up (already had poo for one dog bagged and in hand). She was persistent with her abuse so I apologised and walked across to the grass area to pick up and bag if anything there. Next thing I knew she was full in my face and with both had dug her nails into my cheeks and under ears and pushed me to ground. A witness helped me up and called the police. We were advised to wait at the scene which we did for approx 20 mins but no police came. Aparently the other lady rushed back into her house after I hit the ground. A couple of days later a PC came to take my statement and photos. I was advised they would interview both the witness and the offender. A week later another PC from a different police station phoned to go through my statement with me. Approx 6 weeks later I received a call from the second PC to say he had interviewed the offender that afternoon and she was apologetic. In his words she is a 'broken woman'. He stated this 2 or 3 times in our discussions. He advised that the case should be considered closed as there was nothing to be gained from taking further. I challenged his decision especially as he had not even interviewed the witness who had told me this lady had serious drink problems and a vulgar mouth and was known for challenging anyone whose dog walked on her grass. The PC was firm and reiterated it was not necessary to take further action as she was apologetic and ashamed and 'a broken woman'. I was the victim and suffered 2 weeks post attack of an aggressive flare up of my Fibromyalgia which affected both my physiology and psychology. I also had nights of disturbed sleep as I saw her angry vicious face everytime I closed my eyes to go to sleep. The PC concluded by asking me to go to the station to sign off on the paperwork. I advised I could manage the Thursday (it was Sunday) as I'd be in the area that day (15-20 mins from my home). He said it needed to be today (Sunday) as he had to conclude his paperwork. I obliged. When I arrived he was busy in a meting with a solicitor. Showed me a piece of paper and asked me to sign. I felt pressured as he could only give me a couple of minutes from his meeting. I recall challenging in my mind the opening words of 'aggressive argument between two women' as I was not aggressive at ANY time. I left the station annoyed with myself as I'd allowed myself to be pressured into a decision and signing a document and the attacker was left on record with a caution (I think). Do I have any recourse to request the incident be revisited? This lady needs anger management therapy at a minimum and I fear as I did nothing to tip her over the edge other than disagree that my dog had defecated on her lawn then offer to go and see and clear up, she is easily angered and quick to be aggressive. She could do same again to another person resulting in more serious harm.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

how can I help with this please?

Customer: replied 1 year ago.
Do I have the right after signing the concluding report to ask for it to be reviewed again and to know why the witness was not contacted
Customer: replied 1 year ago.
why the individual was cautioned and held accountable for her physical assault on me.
Expert:  Jo C. replied 1 year ago.

So, in short, you accepted a caution?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

In that case, it cannot be reviewed.

You accepted a caution. There is no appeal. It is like a guilty plea at court. You have to admit an offence to receive a caution.

The only challenge is judicial review which will cost in excess of £5k and not really have much chance of success. It is a very high test. You have to show that the decision was one that no reasonable officer would have made and the problem with that here is that you had a solicitor who did not prevent you accepting a caution or advice you not to do so.

Cautions are fairly final I'm afraid.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I was not cautioned, it was the lady who assaulted me. The Solicitor was nothing to do with me or the other lady. ....the PC was in a mtg with a Solicitor representing another case. I had no Solicitor. Please read my initial message again for clarity. Thank you.
Expert:  Jo C. replied 1 year ago.

You accepted a caution at the police station.

You would have been given a caution at arrest and in interview.

You do not have a challenge as I have explained.

Customer: replied 1 year ago.
I'm confused by your response.
Expert:  Jo C. replied 1 year ago.

I'm not sure what else i can say?

You cannot challenge a caution save in the way that i explained.

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