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How can I help with this please?
I am not sure I can really assess what the outcome is in this forum.
It depends on the facts and the evidence.
I have no way of assessing that. I haven't had full vision of the case.
There is certainly a risk of charge although not for child cruelty.
They will charge with common assault if anything at all.
This isn't self defence.
Self defence is not going to succeed against an 11 year old child anyway.
But you are not saying self defence. You are saying this was horseplay.
No, it isn't particularly likely that this would be an NFA actually.
The only reason it might be is that public interest considerations in bringing a case of this kind.
Evidentially there is certainly enough to charge.
Yes, and that was the cause of the injury which is the subject of the charge?
If you have told the police this then evidentially I would expect a charge.
The only reason they may not is the public interest considerations.
They should consider carefully the merits of making an 11 year old child give evidence at all and, in particular, against a parent.
She says you did and, in fact, you accept using some violence but say it was in self defence which is always fairly difficult to do against a child.
To be wholly honest, evidentially it is fairly overwhelming.
I really would think carefully before you call witnesses who describe that type of horseplay. I haven't had vision of this case properly but it would appear to me that could be the subject of another charge as well.
Yes, and she says you did and has an injury.
That is how assaults are always brought.
And children do have injuries all the time for innocent reasons.
I think your solicitor is probably thinking of the public interest considerations that I have already covered above.
It doesn't matter whether you were or weren't.
They dont need a breathalyser to prove that anyway. They can just rely on the usual evidence - unsteady on feet, smelling of intoxicating liquor, eyes glazed etc.
Although they should not as it is of no consequence.
Yes, but you are confusing 'a child protection issue', which is all a GP can comment upon, with the offence of common assault.
I really don't think you are likely to succeed with self defence. 11 year olds may have tantrums but they do not warrant a response in self defence.
Lawful castigation might be better.
However, public interest is better still.
If they charge you then you can defend on that basis depending on what you have said in interview.
Public interest is a matter for CPS to consider and there is nothing you can do to make that more pressing.
I'm really sorry but I'm not going to be able to tell you that there is not enough evidence to charge.
She says you assaulted her and has an injury. That is the basis of most charges of common assault.
Rapes are charged on even less evidence usually.
Yes, sometimes people do that and they are disbelieved.
Because they are investigating other evidence, taking CPS advice and considering public interest.
It is rare that charges are immediate these days really.
I'm really sorry but there is just no other answer.
Yes, they could charge. They may not for the reasons above.