Conditional Caution at Wembley Police Station for Common Assault and Criminal Damage

The police offered our client a conditional caution for common assault and criminal damage in January 2026.

The allegation against our client was that they pushed a family member and broke their necklace.

The police indicated that the complainant and a witness have both provided a statement describing the allegation, but that our client had no previous convictions therefore was eligible for an out-of-court disposal.

Our client admitted to committing the offence as alleged and confirmed that they had no reasonable excuse.

When attending Wembley Police Station, we reviewed the evidence in light of our client’s account. We advised our client to answer all police questions during the interview, making sure to admit the offences and express remorse, so that we could facilitate an out-of-court disposal.

As a result of our advice and our client’s cooperation, the police offered a conditional caution for both offences.

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 consent, that the offence did not take place or, as in this case, that it was an accident with no element of intention or recklessness.

To be found guilty of Criminal Damage S.1 of the Criminal Damage Act 1971 , the police/prosecution must prove that a person:

• Without lawful excuse
• Destroys or damages any property
• Belonging to another
• Intending to destroy or damage such property or;
• Being reckless as to whether such property would be destroyed or damaged

There are defences available to criminal damage. Defences can include belief in consent to damage the property or to protect other property which was in need of immediate protection.

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. The advice given to answer questions allowed them to put forward his account and facilitate an out-of-court disposal. This advice led the police to decide to offer a conditional caution and prevent the matter from going to court.

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.

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