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Assault


Answer

Yes, it is an assault. An assault is any act that intentionally or recklessly causes the victim to apprehend immediate and unlawful personal injury or violence. If violence is threatened, there must be the ability to carry out the threat at the time.

In law, an assault does not have to involve physical contact, an assault may involve a threat alone. However, there must be the prospect of the threat being carried out immediately and for the victim to fear that the threat will be carried out immediately. If physical contact is made, the offence is actually a 'battery'.

Most people who describe an assault, are actually describing a battery - see Q479 for more information on this.


Answer

If you have been assaulted and want to report it to the police, even if you do not have any visible injuries, you should contact your local police force and report the incident.

If your partner or ex-partner has assaulted you, and you are 16 and over, this will be treated as a report of domestic violence; the police have a responsibility to take positive action to reports of domestic violence.

For more information on this topic, please see questions Q108 and Q109.

Some other useful telephone numbers are -


Answer

The police do not take pictures of injuries from assaults on every occasion. The decision as to whether photographs are taken will be dependent upon whether it is necessary as part of an investigation into an offence.

Generally, if you have attended a hospital or doctor's surgery, the medical notes will suffice as evidence if the case goes to court.


Answer

In most cases, spitting at a person deliberately will constitute an offence of assault. However, if it is accidental it will not usually be deemed to be an offence. An exception to this may be where someone intended to spit at a person, but missed and spat at another person nearby. Despite not being intentional, this may be considered to be a reckless act and the offence may still be committed.


Answer

Battery is an act by which a person intentionally or recklessly applies force to the complainant. This does not however, mean that the victim was 'beaten up' or even kicked or hit, it could be that they were pushed, grabbed or spat at.

The physical contact between attacker and victim is battery, whereas assault refers to the threat of violence.

If you feel you have been a victim of this you need to report it to your local policing team via the non-emergency 101 number. For more information please see the websites in related information.


Answer

Whilst there is no legal requirement to report a crime, there is a moral duty on everyone of us to report to the police any crime or anything we suspect may be a crime.


Answer

It depends upon the type of incident you are reporting. This area of law is very complex, so the following is a basic guide only (as there are exceptions).

Road Traffic Accidents:

  • Reportable road traffic accidents (see questions in related topics for more details) must be reported as soon as is reasonably practicable and in any case, within twenty-four hours.
  • Minor road traffic incidents e.g. failing to wear a seatbelt, have a time limit on prosecution of 6 months.
  • Serious road traffic incidents (e.g. dangerous driving) have no such time limit for prosecution.

Crime:

  • Most crimes do not have a time limit for reporting them.
  • The crimes that do have time limits are 'summary only' which means that they can only be tried at a Magistrates Court and are relatively minor offences; they must be prosecuted within 6 months e.g. common assault, harassment and taken without owners consent (TWOC).
Do bear in mind that the more time there is between the incident happening and reporting it to the police, the harder it will be for the police to gather the evidence.


Answer

The Code of Practice for Victims of Crime in England and Wales sets out the services that a victim of crime can expect to receive throughout the criminal justice process in England and Wales. It lists the organisations that must provide those services to the victim and sets a minimum standard for these services.

The full Code can be accessed via the relevant link in the Related Information section. However please find a summary of the Code below:

Right 1 - To be able to understand and to be understood

You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services.

Right 2 - To have the details of the crime recorded without unjustified delay

You have the Right to have details of the crime recorded by the police as soon as possible after the incident. If you are required to provide a witness statement or be interviewed, you have the Right to be provided with additional support to assist you through this process.

Right 3 - To be provided with information when reporting the crime

You have the Right to receive written confirmation when reporting a crime, to be provided with information about the criminal justice process and to be told about programmes or services for victims. This might include services where you can meet with the suspect or offender, which is known as Restorative Justice.

Right 4 - To be referred to services that support victims and have services and support tailored to your needs

You have the Right to be referred to services that support victims, which includes the Right to contact them directly, and to have your needs assessed so services and support can be tailored to meet your needs. If eligible, you have the Right to
be offered a referral to specialist support services and to be told about additional support available at court, for example special measures.

Right 5 - To be provided with information about compensation

Where eligible, you have the Right to be told about how to claim compensation for any loss, damage or injury caused as a result of crime.

Right 6 - To be provided with information about the investigation and prosecution

You have the Right to be provided with updates on your case and to be told when important decisions are taken. You also have the Right, at certain stages of the justice process, to ask for decisions to be looked at again by the relevant service provider.

Right 7 - To make a Victim Personal Statement

You have the Right to make a Victim Personal Statement, which tells the court how the crime has affected you and is considered when sentencing the offender. You will be given information about the process.

Right 8 - To be given information about the trial, trial process and your role as a witness

If your case goes to court, you have the Right to be told the time, date and location of any hearing and the outcome of those hearings in a timely way. If you are required to give evidence, you have the Right to be offered appropriate help before the trial and, where possible, if the court allows, to meet with the prosecutor before giving evidence.

Right 9 - To be given information about the outcome of the case and any appeals

You have the Right to be told the outcome of the case and, if the defendant is convicted, to be given an explanation of the sentence. If the offender appeals against their conviction or sentence, you have the Right to be told about the
appeal and its outcome.

Right 10 - To be paid expenses and have property returned

If you are required to attend court and give evidence, you have the Right to claim certain expenses. If any of your property was taken as evidence, you have the Right to get it back as soon as possible.

Right 11 - To be given information about the offender following a conviction

Where eligible, you have the Right to be automatically referred to the Victim Contact Scheme, which will provide you with information about the offender and their progress in prison, and if/when they become eligible for consideration of parole or release. Where applicable, you also have the Right to make a new Victim Personal Statement, in which you can say how the crime continues to affect you.

Right 12 - To make a complaint about your Rights not being met

If you believe that you have not received your Rights, you have the Right to make a complaint to the relevant service provider. If you remain unhappy, you can contact the Parliamentary and Health Service Ombudsman.

The police's responsibilities to a victim of crime are as follows -

A victim is classed as a person who is -

  • a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence;
  • a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence;
  • 'businesses' are not included in this definition (see Note 2 on Page 3 of the Code for more information on this).

As a victim of crime you are entitled to receive the following from the police -

  • if the crime is finalised at source (not investigated) then the victim must be notified of this within 5 working days (1 working day under Enhanced Rights – see page 10 of the Code);
  • must supply the victim with written information on what to expect from the criminal justice system as soon as possible, and not later than 5 working days after reporting the crime;
  • must inform Victim Support services of the victims' details within 2 working days of the crime report (unless the victim asks them not to do so);
  • If the case goes to court the police must inform victims of the date, time and location of the first court hearing;
  • inform victims within 5 working days of receipt from the court, if an arrest warrant has been issued for a suspect who failed to attend court and the outcome of a hearing if the suspect is re-arrested;
 
You are entitled to be informed by the police of the following information and to have the reasons explained to you within 5 working days of a suspect being:
 arrested;
  •  being issued an out of court disposal
  •  interviewed under caution;
  •  released without charge;
  •  released on police bail, or if police bail conditions are changed or cancelled.
 
Informing the victim can include by letter, telephone, personal visit, fax, text message or email.

Vulnerable victims

Vulnerable victims are provided with an enhanced service. You may be classed as vulnerable if -

  • you are under 18 years of age at the time of the offence or
  • the quality of your evidence is likely to be affected because:

(i) you suffer from mental disorder within the meaning of the Mental Health Act 1983;
(ii) you otherwise have a significant impairment of intelligence and social functioning; or
(iii) you have a physical disability or are suffering from a physical disorder

Vulnerable victims must be informed within 1 working day if a suspect has been arrested or a warrant has been issued due to the suspects failure to attend at court.

Contact your local police force

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