Discontinued Assault by beating Willesden Court 2024.
We made successful written representations to the Crown Prosecution Service (CPS) on behalf of a client who was charged with assault by beating contrary to section 39 of the Criminal Justice Act 1988.
This was a case concerning a dispute between two neighbours. There were no witness statements in support of this case besides those of the arresting officers. each party alleged they were assaulted and acted in self-defence only. The Prosecution was solely relying on the initial complaints made to the police. Since cross-allegations were made between both neighbours, and since there was an overall lack of evidence, it would be impossible for the court to prove who initiated the incident. There was a significant risk that neither co-defendant would receive a fair trial.
For there to be a realistic prospect of convicting our client of assault by beating, there would have to be enough evidence and a realistic prospect of conviction. On this basis, we made representations to the CPS asserting that there was not enough evidence to convict the defendant.
The CPS responded within 24 hours and agreed to discontinue the charges against our client. We were able to demonstrate that there was not enough evidence for a safe conviction.
We are instructed regularly on a legal aid basis and make representations to the CPS if there is a lack of supportive evidence or if a conviction is not in the public interest.
Self Defence must be reasonable and proportionate in all cases
Assault can cover various actions, ranging from simply using threatening words, to physical attacks which cause serious injuries to a victim. It is therefore extremely important to understand what the different types of assault are, and what assault sentences look like in the UK.
We can accept instructions on a Legal Aid and Private basis.