No Further Action (NFA): Common Assault - Islington Police Station
The police filed our client’s matter with no further action at Islington Police Station for an allegation of common assault in May 2025.
The allegation against our client was that they pushed their partner at their home address.
The police stated that there was a statement provided by the complainant but no further evidence.
Our client explained that he was acting in self-defence due to his partner approaching him aggressively whilst intoxicated.
When attending Islington 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 because his account amounted to a defence therefore he was not liable for the offence. 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
- Prevention of crime
- Mistake
- Automatism
- Insanity
- Duress
- Necessity
- Alibi
In this case our client raised the defence of self-defence by answering police questions and ensuring that his account was put on record based on their being a case to answer to (prima facie).
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.
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