No Further Action at Charing Cross Police Station for Common Assault

The police filed our client’s matter with no further action at Charing Cross Police Station for an allegation of common assault in July 2025.

The allegation against our client was that they spat in the face of a steward at a music concert.

The police indicated that the complainant had provided a statement and that CCTV footage captured the incident.

Our client denied deliberately spitting at the steward. He explained that he merely sighed and that, although it was possible a small amount of spittle landed on the steward during their conversation, this was entirely accidental. His defence was that the offence lacked intent — there was no deliberate act or recklessness, and therefore no unlawful application of force.

When attending Charing Cross 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, as his account amounted to a valid defence and did not meet the threshold for the alleged offence.

As a result of our advice and our client’s cooperation, the police determined that no further action would be taken.

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.

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 him to put forward his account and give his defence. This advice led the police to decide to take no further action 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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