Caution Issued at Holborn Police Station for Domestic Common Assault
A caution was given to our client at Holborn Police Station for an allegation of common assault in January 2025.
The allegation against our client was that they attacked a family member by throwing a bottle. The police stated that, although the victim does not support prosecution, our client had admitted the offence on body worn footage.
When attending Holborn Station, we advised on the evidence available based on our client’s account. Overall, we advised our client to answer questions from the police in interview in order to be eligible for a caution. A caution is not a conviction but will remain on your personal record on the Police National Computer. As a result of our advice, the police decided to issue a caution which meant that our client did not need to attend court.
To be found guilty of Common Assault S.39 of the Criminal Justice Act 1988, the police/prosecution must prove that a person:
- Inflicted violence on another; or
- Made another fear that they were about to have violence inflicted upon them
The violence does not need to be physical. For example, threatening words and actions could potentially count. The violence or threat of violence could be either intentional or reckless.
There are defences available to common assault. Defences can include self-defence, consent or that the offence did not take place. In this case, our client admitted the offence prior to receiving advice from a solicitor.
Our expert lawyer was able to assess the evidence available at the time alongside our client’s account and provide the best advice for the interview.
We represent clients at the Police Station on a 24-hour basis 7 days a week and have experts who deal with all types of offences. We are highly regarded as leading and specialist defence solicitors, having achieved many successful outcomes.
When Finding the Best Police Station Solicitor, please note -
You are entitled to Free and independent legal advice under legal aid for attendance for an interview at any Police Station.
Or
You can also instruct us on a Private Basis for an enhanced Private Service.