No Further Action at Holborn Police Station for Common Assault

The police concluded our client’s case with no further action at Holborn Police Station for an allegation of common assault in February 2025.

The allegation against our client was that they indiscriminately sprayed an unknown substance on any person that went near them. The complainant states that they were sprayed twice with the substance which caused them to fear for their safety.

The police alleged that there was a statement provided by the complainant alongside a statement provided by a third-party witness. In addition, there was CCTV footage showing our client spraying the substance from the bottle.

While our client admitted to committing the offence, they showed great remorse and expressed that they only sprayed the bottle in a playful manner.  

When attending Holborn Station, we advised on the evidence available based on our client’s account. Overall, we advised our client to answer all the questions from the police in interview. As the evidence against our client was strong, our advice would allow our client to express his remorse and possibly obtain a police caution. As a result of our advice, the police decided to take ‘no further action’ on the matter.

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.

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 show remorse. 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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