Victim of assault. How do deal with the police?
Discussion
This will be a long post to so sum-up.
I was attacked. Attackers admit. Not yet charged. Medical report on me is wrong. I want to make a new victim statement. Can I talk directly to the CPS?
I don't want to go too much into the specifics of the case as it is still active, however I would appreciate a bit of advice as I don't really know what is going on.
Me and a friend were attacked by two people nearly 2 months ago. A violent and sustained beating. Unprovoked. I suffered head injuries and a broken hand.
The attackers were arrested at the scene. We managed to get them under control despite the beating we got. 4 minute response time from the police was amazing. When shown the CCTV they admitted the offence.
They have been bailed but not charged.
Communication with the police has been pretty bad. I think it is more down to the system than the officers being at fault.
All I know is this.
The CPS are going to decide what to charge them with. The attack involved us trying to get away from the violence twice and we were repeatedly chased and attacked.
A doctors report says I have a broken hand through a "Punch injury" This is not the case. It was broken while I was trying to stop a boot hitting my face.
The statement, taken soon after the incident is factually correct. However the Victim Impact statement was very much concerned with the immediate impact, cuts bruises etc. I have since been diagnosed with PTSD (News to me but apparently re-running the incident the "what if?" type thoughts and anger are symptoms and I am having counselling.)
This happened near to my home. A place I have lived 30-plus years and it has had a big psychological impact on me. I choose not to walk the route where it happened despite it being a main thoroughfare. I am forcing myself to do this but it is tough.
They smashed my glasses which have cost £500 to replace and they damaged a watch.
I appreciate the CPS will want to charge with the most severe thing but also work out what charge is likely to be successful.
Will this include criminal damage? £500 is a lot of money if they had damaged a car to that extent it would be taken seriously?
I want the CPS to know that I broke my hand in defence, not by punching someone.
I want to change my victim impact statement to reflect the longer term harm caused by this incident. Can I?
I assume the attackers who admitted the attack in interview but who claimed to have no recollection of it - drink and drugs will most likely plead guilty to charges. Nothing is a given though.
If they plead guilty at a mags will that be it? Would it possibly by kicked up to Crown for sentencing? If they plead guilty does this happen before a jury or is it just the judge? If so, is the evidence, like the CCTV of us getting the hiding of our lives get used?
As well as being a witness in court, can I make a statement to the jury/judge/magistrate about what these people did?
Happy to be a witness in court. Can my home address be withheld? I don't want scummers knowing where I live.
I'm not Ronnie Kray, but is there a reason why I am not being told the names of my attackers?
Can I speak to the CPS?
This has been a long post and if you got this far, thanks for reading. There is just a lot of stuff I am not getting answers on.
When the case is concluded I will post here with the full details and above all a story about a group of truly amazing police officers who saved the lives of me and my friend.
I was attacked. Attackers admit. Not yet charged. Medical report on me is wrong. I want to make a new victim statement. Can I talk directly to the CPS?
I don't want to go too much into the specifics of the case as it is still active, however I would appreciate a bit of advice as I don't really know what is going on.
Me and a friend were attacked by two people nearly 2 months ago. A violent and sustained beating. Unprovoked. I suffered head injuries and a broken hand.
The attackers were arrested at the scene. We managed to get them under control despite the beating we got. 4 minute response time from the police was amazing. When shown the CCTV they admitted the offence.
They have been bailed but not charged.
Communication with the police has been pretty bad. I think it is more down to the system than the officers being at fault.
All I know is this.
The CPS are going to decide what to charge them with. The attack involved us trying to get away from the violence twice and we were repeatedly chased and attacked.
A doctors report says I have a broken hand through a "Punch injury" This is not the case. It was broken while I was trying to stop a boot hitting my face.
The statement, taken soon after the incident is factually correct. However the Victim Impact statement was very much concerned with the immediate impact, cuts bruises etc. I have since been diagnosed with PTSD (News to me but apparently re-running the incident the "what if?" type thoughts and anger are symptoms and I am having counselling.)
This happened near to my home. A place I have lived 30-plus years and it has had a big psychological impact on me. I choose not to walk the route where it happened despite it being a main thoroughfare. I am forcing myself to do this but it is tough.
They smashed my glasses which have cost £500 to replace and they damaged a watch.
I appreciate the CPS will want to charge with the most severe thing but also work out what charge is likely to be successful.
Will this include criminal damage? £500 is a lot of money if they had damaged a car to that extent it would be taken seriously?
I want the CPS to know that I broke my hand in defence, not by punching someone.
I want to change my victim impact statement to reflect the longer term harm caused by this incident. Can I?
I assume the attackers who admitted the attack in interview but who claimed to have no recollection of it - drink and drugs will most likely plead guilty to charges. Nothing is a given though.
If they plead guilty at a mags will that be it? Would it possibly by kicked up to Crown for sentencing? If they plead guilty does this happen before a jury or is it just the judge? If so, is the evidence, like the CCTV of us getting the hiding of our lives get used?
As well as being a witness in court, can I make a statement to the jury/judge/magistrate about what these people did?
Happy to be a witness in court. Can my home address be withheld? I don't want scummers knowing where I live.
I'm not Ronnie Kray, but is there a reason why I am not being told the names of my attackers?
Can I speak to the CPS?
This has been a long post and if you got this far, thanks for reading. There is just a lot of stuff I am not getting answers on.
When the case is concluded I will post here with the full details and above all a story about a group of truly amazing police officers who saved the lives of me and my friend.
Under the victim code you should have been regularly updated with any significant events - ie when the offenders were arrested, if they were bailed and when subsequently charged or bailed - all on the same day they happened and in any case within 24hrs - you shouldnt be left guessing whats gone on and certainly shouldnt have to be chasing for information.
Contact the officer dealing - if not available - send an email requesting contact as soon as they are on duty.
Contact the officer dealing - if not available - send an email requesting contact as soon as they are on duty.
2 months isn't unusual for a charging decision. If the assault amounts to more than common, it will have go go for cps advice. This is normally done through a gatekeeper if he's not serious enough for cps direct. I've recently but in a file for decision which has gone over 8 weeks based on the gatekeepers workload. As GD says, speak to OIC for an update.
You can provide as many VPS as you like. In fact, it's best practice to get an up to date one of it's a long term job, as it shows the longer lasting impact you are suffering. Explain you want to provide another VPS.
You can provide as many VPS as you like. In fact, it's best practice to get an up to date one of it's a long term job, as it shows the longer lasting impact you are suffering. Explain you want to provide another VPS.
wildcat45 said:
They have been bailed but not charged.
For medical advice to decide on the severity of the charge. wildcat45 said:
Communication with the police has been pretty bad. I think it is more down to the system than the officers being at fault.
An 'action' should be reported to you in 7 days e.g. the decision to bail / charge. Normal updates must be no longer than 28 days. That doesn't mean the communication has been satisfactory. It should be bespoke to the victim. wildcat45 said:
I want the CPS to know that I broke my hand in defence, not by punching someone.
It is important to have the medical advice clarified and for it to be accurate. Speaking to the officer dealing and informing them should trigger this off. wildcat45 said:
I want to change my victim impact statement to reflect the longer term harm caused by this incident. Can I?
Yes, you can add to your statement / provide an updated one. wildcat45 said:
If they plead guilty at a mags will that be it? Would it possibly by kicked up to Crown for sentencing? If they plead guilty does this happen before a jury or is it just the judge? If so, is the evidence, like the CCTV of us getting the hiding of our lives get used?
It depends on where it falls within the sentencing guidelines. http://www.sentencingcouncil.org.uk/wp-content/upl...It sounds as if it may be beyond the scope of the Magistrates' court - they can sentence 6 months maximum. I expect a lot will ride on the broken hand and how that is interpreted. Clarifying this point may well be important.
If they plead guilty and are being sentenced at Crown Court, then the jury will not be present. They are only present for a trial following a 'not guilty' plea. It'll be a judge who may wish to see the CCTV / other evidence to help decide the sentence.
You, as well as any member of the public, can be present at any stage as it is all a public matter.
wildcat45 said:
As well as being a witness in court, can I make a statement to the jury/judge/magistrate about what these people did?
That's what your VPS for. IIRC a recent change means witnesses must have the option to be able to read it out at court and should be asked if they wish to do so. I'm not 100% on this but it's worth asking. wildcat45 said:
Can my home address be withheld? I don't want scummers knowing where I live.
Yes as it's not relevant to the offence or circumstances as opposed to something like a burglary. The rear of the statement form which contains your address does not get served on the defence during disclosure. wildcat45 said:
I'm not Ronnie Kray, but is there a reason why I am not being told the names of my attackers?
Information has to be disclosed for a policing purpose. There is no purpose to tell you. However, once they are charge it becomes public information. wildcat45 said:
Can I speak to the CPS?
I would have thought so, but the person making the charging decision is not going to be the person prosecuting. It could be a CPS lawyer on the other side of the country making the decision over the phone. On the first hearing at the Magistrates' court the prosecutor will probably not know anything about it until quite shortly before the hearing. He or she doesn't need to as there wouldn't be a trial that day if they pleaded 'not guilty'. I'm not quite sure how it works in terms of who from the CPS is present if they plead guilty and during the sentencing depending on the court etc.
wildcat45 said:
When the case is concluded I will post here with the full details and above all a story about a group of truly amazing police officers who saved the lives of me and my friend.
Glad to hear. I wish you the very best with your recovery and I hope the sentencing etc provides some disclosure. Have a read of this, too: https://www.gov.uk/government/organisations/crimin...
Bigends said:
Under the victim code you should have been regularly updated with any significant events - ie when the offenders were arrested, if they were bailed and when subsequently charged or bailed - all on the same day they happened and in any case within 24hrs
Isn't 24 hours just for vulnerable victims? The only diffence in relation to vulnerable victims is that they get an additional update following the report of a crime. All victims should be updated with details of crime number, officer dealing an status of the investigation within 24hrs, then every 28days after then. Vulnerable victimes get an additional update at 10 days. In the case of a significant event in the investigation ie person arrested / bailed / charged - the victim must be appraised of that event within 24hrs.
You are at:HomeHelp for victimsYour rightsCode for Victims
Help for victims
How we can help
Practical information
I've been affected by
Hear from people we've helped
Help for young victims
Your rights
Code for Victims
Restorative justice
Useful links
Victims Information Service
Homepage
Code for Victims
The Code of Practice for Victims of Crime (the Code for Victims) is the statutory code which sets out the minimum level of service victims should get from criminal justice agencies.
How does the Code for Victims work?
The Code for Victims applies to all criminal justice agencies, including the police, Crown Prosecution Service, Courts Service, and the Probation Service. The Code was established by Domestic Violence, Crime and Victims Act 2004 and came into effect in 2006. Victim Support lobbied for it to be introduced, and its establishment represented a huge step forward by giving victims of crime statutory rights for the first time.
The Code stipulates what each criminal justice agency must do for victims, and the timeframe in which they must do it. It tells victims exactly what they can expect from the criminal justice system, and allows them to hold the system to account if they don’t get the service to which they are entitled.
Key rights under the Code include:
The right to be kept informed about case progress by the police.
The right to hear when a suspect is arrested, charged, bailed or sentenced.
The right to apply for special measures in court for vulnerable or intimidated victims.
The right to be told when an offender will be released, if the offender in question has been sentenced to a year or more in prison for a violent or sexual offence.
The right to be referred to Victim Support.
- See more at: https://www.victimsupport.org.uk/help-victims/your...
You are at:HomeHelp for victimsYour rightsCode for Victims
Help for victims
How we can help
Practical information
I've been affected by
Hear from people we've helped
Help for young victims
Your rights
Code for Victims
Restorative justice
Useful links
Victims Information Service
Homepage
Code for Victims
The Code of Practice for Victims of Crime (the Code for Victims) is the statutory code which sets out the minimum level of service victims should get from criminal justice agencies.
How does the Code for Victims work?
The Code for Victims applies to all criminal justice agencies, including the police, Crown Prosecution Service, Courts Service, and the Probation Service. The Code was established by Domestic Violence, Crime and Victims Act 2004 and came into effect in 2006. Victim Support lobbied for it to be introduced, and its establishment represented a huge step forward by giving victims of crime statutory rights for the first time.
The Code stipulates what each criminal justice agency must do for victims, and the timeframe in which they must do it. It tells victims exactly what they can expect from the criminal justice system, and allows them to hold the system to account if they don’t get the service to which they are entitled.
Key rights under the Code include:
The right to be kept informed about case progress by the police.
The right to hear when a suspect is arrested, charged, bailed or sentenced.
The right to apply for special measures in court for vulnerable or intimidated victims.
The right to be told when an offender will be released, if the offender in question has been sentenced to a year or more in prison for a violent or sexual offence.
The right to be referred to Victim Support.
- See more at: https://www.victimsupport.org.uk/help-victims/your...
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