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No Further Action Common Assault Wembley Police Station

No further action was taken on allegations of common assault and criminal damage at Wembley Police Station in 2024.

The allegation against our client was that he violently attacked a relative. There was a supporting witness statement from the victim, as well as photographic evidence demonstrating the damaged property. However, our client had a plausible defence, namely that he was attempting to leave his property and was attacked by his relative.

For our client to have been charged with common assault, the police would need to demonstrate a realistic prospect of convicting our client of inflicting violence on his relative or making them think they were about to have violence inflicted upon them. 

Further, for our client to have been charged with criminal damage, the police would need to prove that there was a realistic prospect of the client being convicted of destroying or damaging the victim’s property without lawful excuse.

When attending Wembley Police Station, we advised on the evidence available alongside our client’s account. Overall, we advised our client to answer the questions from the police in an interview as he raised a strong defence to the allegations made against him, namely denial. 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 or that the offence did not take place. In this case, our client raised a defence and denied all the allegations made against him.

The offence of Criminal Damage is outlined in S.1 of the Criminal Damage Act 1971. The law states that ‘a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.’

There are defences available to criminal damage. Defences can include if the acting individual believed that the victim honestly and sincerely consented to the damage. In addition, if the individual acted to protect property belonging to himself or to another or in this case, the damage was not caused by our client.

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 police questions allowed him to put forward his version of events and put this to the police to prove. 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. We have experts dealing with all types of offences and sexual offences. We are highly regarded as leading, and specialist sexual offence defence solicitors having achieved many successful outcomes.

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