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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1997
Experience:  Dual qualified Solicitor and Attorney
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I was attacked/assaulted and defended myself (the attacker

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Hello, I was attacked/assaulted and defended myself (the attacker is female as am i). I walked away 3 times and each time she ran after me to physically attack me. I defended myself. The 4th time I didn't defend myself and she beat down on me. Then she rang the police to say I assaulted her (I didn't have my mobile). I was arrested, put in a cell, I have never been arrested before. I told the police I had a headache, felt dizzy. I also told the police nurse it hurt when I breathed in. When I was released I felt worse, I went to hospital and was told I had concussion, a fracture to my rib and soft tissue damage. My question is were the police right to take my statement (which I do not remember much of) and keep me in a cell while in so much pain? Also am I allowed to make a counter case as i was the victim?
Assistant: Where is this? It matters because laws vary by location.
Customer: Bournemouth UK
Assistant: What steps have been taken so far?
Customer: I have not been charged yet, it is still under investigation
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am autistic, a 48 yr old married female

Hi than you for your message, did you make clear to the police you are autistic? Does this affect your ability to understand particularly in extreme scenarios like the one described?

Customer: replied 16 days ago.
Yes I did. Also my husband kept phoning the police to explain I am autistic and fragile as did my friends.
Customer: replied 16 days ago.
I don't want a phone call, please could you help me. Were the police right to take my statement whilst I had concussion and a fractured rib? Also under UK Law am I allowed to open a case of assault against my attacker whilst I am under investigation?
Customer: replied 16 days ago.
Hello?

Hi thank you for your message, no the police were not right to take your statement whilst you were subject to medical injuries. You should have been given a medical examination. Therefore, you can contact the police and make a claim on the basis the police breached their code of conduct. You can open a case against your attacker as well yes. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 16 days ago.
Do you know why the police have said I can't open a case? I haven't been charged? And yes of course I will leave 5 stars, I am just trying to understand as to why the police have said I can't? Thank you

Hi thank you for your message, I am afraid not. They might be trying to suggest that you can't open the case as they want to see what happens in the case against you but you should be able to complain. If there is any issue with this you should ask for the matter to be raised higher within the police and reviewed by a senior officer. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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