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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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my son was hit and abused by the police what should i do to

Customer Question

my son was hit and abused by the police what should i do to press chargess aginst tha police
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 4 years ago.
my son was involved in argument with one of the clube secuierety and he spat at a women which he sought was involved and turn up she was apolice in plain clothe. then the plice start heating him and banging his head on the flowera. he was injered and was taking to mthe plice station and was charged aassaultan officer
Expert:  Jo C. replied 4 years ago.
I presume the charge arose from the spitting?

Customer: replied 4 years ago.
yes and he was charged under secation 4
Expert:  Jo C. replied 4 years ago.
I can completely see why you feel aggrieved about this and I know that some officers do become rather over zealous in the course of an arrest.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Come what may, this does not give him a defence to assault on a police officer. Spitting at a person is not an act of self defence. It is an assault I’m afraid. It has no defensive purpose.

The reason they have charged it as S4 is probably that she wasn’t on duty at the time or wasnt acting in the execution of her duty or something similar to that.

Realistically he is likely to be convicted of the trigger offence.

However, if you are saying he was not struggling with officers at all and was entirely co-operative with their efforts to arrest him, then attacking him in this way would be execessive and you can complain to the IPCC about their conduct.

If the facts are as you say then you should win on that particular point.

It will do nothing about the S4 charge though I’m afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.