No Further Action (NFA): Common Assault (Domestic) - Wood Green Police Station
Our client was arrested and taken to Wood Green Police Station for attacking his partner by slapping her during an argument. The police stated that there were no witness statements and no statement provided by the victim. Our client raised a defence during consultation, namely that he did not commit the alleged assault.
In cases like this, in order for the police to proceed with a charge of common assault, the police must demonstrate that there is a realistic prospect of conviction therefore being able to show that our client had inflicted violence his relative or made them think they were about to have violence inflicted upon them.
Upon attending Wood Green Police Station, we advised on the evidence available alongside our client’s account. Based on our view, we advised our client to answer ‘no comment’ to the questions which were to be put to him by police in interview. This decision placed the burden on the police to establish the elements of the alleged offence without or client having to strengthening the police case and incriminating himself in anyway. As a result of our advice, the police decided to take ‘no further action’ on the allegation.
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
- Prevention of crime
- Mistake
- Automatism
- Insanity
- Duress
- Necessity
- Alibi
In this case, our client raised a defence by denying all the allegations made against him.
Our experienced expert lawyer was able to assess the evidence available at the time alongside our client’s account and was able to provide the best advice for the interview. The advice given to answer ‘no comment’ to police questions allowed him to prevent self-incrimination and put matter for the police to prove. This advice led the police to decide to take no further action and prevent the matter from going to court.
Expert Police Station Representation – 24/7 Support
We provide 24/7 legal representation at police stations and have a proven track record in handling a wide range of criminal matters, including serious and sensitive allegations such as sexual offences. Our solicitors are recognised for their expertise and successful outcomes.
When Finding the Best Police Station Solicitor 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.