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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I got assaulted back in may by a black foriegn guy I suffered

Customer Question

I got assaulted back in may by a black foriegn guy I suffered a broken nose a black and severely swollen eye and a graze to my forehead.It all happened when a friend of my daughters stole our bikes.We arranged to collect them as we said we would not involve the police .When we got to the house the lad was out but his mum knew about the bikes she told my daughter hers was around the back so go and get it and mine had been stolen out of thier garden 2 nights before .My daughter and her friend called me as they could not get her bike as there were so many other bikes there I went around to help get the bike and had to move four or five to get to my daughters.As I was doing this I heard the woman shout get out there twice and as I looked round the black guy launched himself over top of the bike I was holding I put the bike between us but he was over the bike and pushed me back out the gate he then constantly head butted me which broke my nose and damaged my eye and forehead.this went on for a few minutes and my daughter jumped on his back to try and stop him attacking me he even elbowed her kicked and stamped on her feet.The only time he stopped and run back in the house was when my daughters friend shouted she was on the phone to the police.we have 3 witnesses my hospital report as I had to have an operation to straighten my nose and photos of my injuries.
The cps have said they are taking no action as my attacker says he was acting in self defence (I cant see how as he came out the house and launched himself at me and constantly head butted me then ran back in the house) I did not throw a punch at him.
And concerning the bike thefts they are not taking action as in thier words we cant prove the lad took the bikes dishonestly.
As I have requested a right to review and they have agreed with the original decision they say the decision is final and to seek independent legal advice on the matter.I dont believe they have looked at it correctly and I would like advice to what I can do now.I hope you can advise me and I appologise for the long message.
Many thanks
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Its bad news I am afraid, the decision is not yours to take. When the Police get involved then the matter becomes a Crown Prosecution Service matter and does not invoke yiu
Alex Watts : does not involve you. If they want to stop it they can, if they want it to continue and you do not want to (for example with domestic violence) then they can.
Alex Watts : Any decision made is by them as they take the lead on a prosecution.
Alex Watts : Sadly this means although you can ask for it to be reviewed you have no right of appeal and no say on what happens to the proseuction.
Alex Watts : The cps must be satisfied that there is enough evidence for a realistic prospect of a conviction and this must be beyond reasonable doubt.
Alex Watts : They clearly do not, the cps lawyers are very experienced and it will be made by someone with extensive knowledge.
Alex Watts : Sadly in law there is nothing you can do apart from take out a private proseuction of which the cost would be about £10,000 and you would not get legal aid.
Alex Watts : I am sorry Brian that this is not the answer you want and is certainly not the one to give, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
Alex Watts : Remember you are rating my service and not whether or not it was the answer you wanted.