Assaulted

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"The officer wanted to charge him and the evidence is very strong but because he has no previous (ie. hasn't been caught before), they apparently can't." Am I the only one who finds this totally incomprehensible? You can't be charged with an offense you've admitted committing, because you've never been convicted before? Eh? Does that work with, say, murder? You can kill someone with impunity, so long as you have no previous convictions? Really?
No, murder naturally, is not considered a minor crime, therefore is not subject to the Cautioning Policy.
 

Risex4

Dropped by the autobus
Hi neilb1906

I didn't want to comment further as lacked the 'official' knowledge, but I guessed it would be something like this after a genuinely decent chat with my interviewing officer when I made an, erm, faux-pas of my own a while back.

Just out of interest, and sorry to OT the thread a little, but what is a "common" assault? I mean, the guy here dismounted his van with intent and punched the OP. Is that 'seen' differently to say, someone walloping someone in the street?
 
Hi neilb1906

I didn't want to comment further as lacked the 'official' knowledge, but I guessed it would be something like this after a genuinely decent chat with my interviewing officer when I made an, erm, faux-pas of my own a while back.

Just out of interest, and sorry to OT the thread a little, but what is a "common" assault? I mean, the guy here dismounted his van with intent and punched the OP. Is that 'seen' differently to say, someone walloping someone in the street?

Hello

The circumstances around an assault are rarely relevant, its the extent of any injury that determines whether it is a common assault, an ABH or a GBH (with or without intent).
A punch or slap that leaves no break of the skin is USUALLY considered a common assault. There are exceptions but I do not wish to bore you.
Hope that helps.
 

Gary E

Veteran
Location
Hampshire
Hmm, don't see a lot of 'justice' going on there. I know it's difficult to judge without all the facts but I think I'd draw the line somewhere between shouting / swearing and physically touching.
As long as the victim in all this is happy (relatively) with the result that's the important thing :smile:
 
Hmm, don't see a lot of 'justice' going on there. I know it's difficult to judge without all the facts but I think I'd draw the line somewhere between shouting / swearing and physically touching.

Trust me, "justice" and the "law" are not always the same thing.
 
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