Case Dropped (NFA): Case Defended Successfully at Islington Police Station 2025 - Domestic Common Assault

Our client was interviewed by police in connection with an allegation of common assault following an altercation with his mother, during which it was alleged that he pushed her multiple times. Our client denied assaulting his mother and provided his own account of the incident. We requested disclosure from the police and were informed that the complainant (his mother) had not provided a formal statement. However, there were prior police reports involving the parties.

We attended Islington Police Station as the duty solicitor and advised our client to respond with ‘no comment’ to all police questions. This advice was given after careful consideration of the available evidence and our clients instructions. Our solicitor explained that, in the circumstances, it was in our client’s best interest to exercise his right to silence and avoid inadvertently strengthening the prosecution's case.

To secure a conviction for Common Assault under Section 39 of the Criminal Justice Act 1988, the police or prosecution must prove that the accused either:

• Inflicted unlawful force (violence) on another person; or
• Caused another person to fear the immediate infliction of unlawful force

Notably, actual physical contact is not always required; threats, gestures, or words may suffice. The act must be committed either intentionally or recklessly.

There are a number of defences available to a charge of common assault, including:

• Self-defence
• Consent
• That no offence occurred

In this matter, our client denied all allegations and raised a defence consistent with his version of events. Our experienced solicitor assessed both the limited disclosure provided by the police and our client’s instructions to deliver tailored and strategic advice at the police interview.

The decision to remain silent and not answer questions preserved our client’s legal position and placed the burden firmly on the police to prove their case. As a result, the police ultimately decided to take no further action, and the matter did not proceed to court.

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