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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4821
Experience:  Owner at James Bruce Solicitors
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My daughter has been accused of assaulting someone at

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My daughter has been accused of assaulting someone at school. There were 4 people involved in the fight, 3 of which were against my daughter. One of the girls sustained a scratch to the forehead and a bruised eye and her parent has reported my daughter for assault.
JA: Has she talked to a lawyer about this? What country does she live in? If different, what country does this legal question relate to?
Customer: No we have not taken legal advice as we do not have the money to hire a Lawyer. This occurred in the UK
JA: What steps have been taken so far?
Customer: The police came to our house and asked to speak to her. I did not let them enter my home because I have younger children who I did not want to upset, the officers have asked us to go to the station on Saturday.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My daughter pushed the girl after the girl became verbally abusive to her, the girl then kicked my daughter and got her in a head lock. We also have evidence of the bullying the girl subjected my daughters to prior to the incident, and details of 2 more confrontations where the girl has gone for my daughter since the incident. I have video footage of the fight.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 17 days ago.
Thank you.
Customer: replied 17 days ago.
I don't have the money to call you.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Customer: replied 17 days ago.
OK that would be great. Thank you.

When a person needs to be interviewed by police in relation to a criminal allegation, they can either be arrested and taken to a custody centre, or the police can invite them into a police station for a voluntary interview.

When a person attends an interview at a police station as a voluntary attender, they are there voluntarily and are free to leave at any time.

Anyone interviewed by police either under arrest or as a voluntary attender, no matter how serious or trivial the allegation, can have and use the services of the duty solicitor. That service is completely free. You can request the duty solicitor, and should inform the police officer who will carry our the interview of your request before you attend, so as to avoid any undue delays at the station.

When you and the solicitor arrive at the police station for the interview, the solicitor will speak with the officer carrying out the investigation, and obtain what is called advance disclosure. That means they will ask the police for details of the allegation and what evidence they have.

Next, the solicitor will speak privately with you and explain what they have been told and then obtain your instructions. The solicitor will then advice you on whether to answer questions in interview, or to submit a pre written statement or whether to go no comment.

Once the interview is over, the officer would normally say that the matter would still need to be investigated further and then a reviewing officer would check through everything. A file could then be sent to the Crown Prosecution Service if the police think there is evidence for a case. The CPS would then make a decision on whether to prosecute or not.

Customer: replied 17 days ago.
OK so that makes things MUCH clearer! I have been so concerned that my daughter is going to be arrested! She's 15 and absolutely terrified!
Customer: replied 17 days ago.
We have videos of the fight and a whole dossier of information about past and recent events involving the accuser. Shall I take all of this with us?

The alleged victim was verbally abusive, I understand that, however your daughter instead of walking away or reporting the matter decided to push the girl. The is common assault. But, if your daughter was cornered and child not get any and felt afraid, then she can push the girl away in a preemptive strike for self defence.

There was then a scuffle by both of them, where your daughter was kicked by the other person. Therefore you need to raise an assault compliant to the police as well. Anyone who kicks in a fight is deemed to be using a weapon, that is set in law.

Take the video with you along with the list of what has happened before and since.

Make sure you use the duty solicitor .

Customer: replied 17 days ago.
OK I will most certainly do that. My daughter was also dragged along the floor by the hair by one of the other girls who was involved, this left a lump and cause loss of hair. This was witnessed by a member of staff and we also have it on one of the videos can I raise an assault charge against that person aswell?

Certainly, your daughter is the victim of assaults. Demand to make formal assault complaint against each of them.

Customer: replied 17 days ago.
OK I will most certainly do that, Thank you so much! The other issue is what the girl said to my daughter in order to trigger the response. My daughter had been bullied out of 2 schools after an unfounded accusation of racism was made against her in year 7. This is resulted in my daughter being home schooled for a year with her eventual admission to this school. The accusations were circulated by a group of girls who were eventually made to sign an agreement with the school and local police in order to get them to leave my daughter alone. The fight happened when the girl in questions said to my daughter 'you're racist and everybody f**king knows it' to which my daughter replied 'you don't know me to call be racist' the girl then said 'I don't need to know you to know you're racist this was the point my daughter pushed her. The girl said all of this in front of a large group of spectating students. I have all school records and details of the school/police agreement. Do you think this is relevant?

Raise all this at the interview, it is all relevant information.

Customer: replied 17 days ago.
Thank you very much for your time James, I can't tell you how much this has put my mind at rest.

your very welcome, tell your daughter not to worry.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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