Advice from Bib requested re next steps following Road rage
Discussion
Link to details of story here, as this thing doesnt happen everyday hoped someone might be able to shed some light on the legal process that will follow. Have tried to be calm in the post and stick to the facts:
[url] www.pistonheads.com/gassing/topic.asp?t=202584&f=15&h=0 [/url]
Fiance is bearing up well - she is hard as nails!
Thanks in advance
Stuart & Dominique
>> Edited by abz 7001 on Monday 22 August 23:44
[url] www.pistonheads.com/gassing/topic.asp?t=202584&f=15&h=0 [/url]
Fiance is bearing up well - she is hard as nails!
Thanks in advance
Stuart & Dominique
>> Edited by abz 7001 on Monday 22 August 23:44
One can only presume the steps that have been/are being taken as one in not personally involved.
Plod will be amassing his evidence, statements, photos of injury damage etc which should lead to an arrest. Offender will be interviewed and at this stage no doubt he will open up and fire a broadside with a counter allegation against GF and the manner of her driving. How many in his car as witnesses? Not that this excuses the assault/damage.
CPS will be aquainted with all the facts. From that stated either a Section 18 or 20 assault, criminal damage, dangerous/due care seem to be there and it will be their decision if taken to Court.Depending on the plea GF may be required to give evidence.
Regarding progress of case. Should be established who the officer in the case is and contacted made if no progress is advised.Be aware that the wheels seem to grind slowly these days.
Depending on the severity of the injury GF may well qualify for compensation either at Court if Order made but doubtful if person is a man of straw or under Criminal Injuries Compensation Scheme :See
http://tinyurl.com/cvohm
(Section Goverment compensation scheme applicable)
Form available at Police Station.
I would say that Motor Vehicle Insurance will not cover damage to vehicle as this is not a road traffic accident. Policy should be read to see if it contains anything attributable to road rage (very doubtful).
One avenue to reclaim cost of damage if not awarded at Court is by civil action through the Small Claims Court (under 5,000)a relatively easy process but again bear in mid has the offender means to pay?
Any hassle from the offender should be reported forthwith to the Police.
Hope this gives some idea.
dvd
Plod will be amassing his evidence, statements, photos of injury damage etc which should lead to an arrest. Offender will be interviewed and at this stage no doubt he will open up and fire a broadside with a counter allegation against GF and the manner of her driving. How many in his car as witnesses? Not that this excuses the assault/damage.
CPS will be aquainted with all the facts. From that stated either a Section 18 or 20 assault, criminal damage, dangerous/due care seem to be there and it will be their decision if taken to Court.Depending on the plea GF may be required to give evidence.
Regarding progress of case. Should be established who the officer in the case is and contacted made if no progress is advised.Be aware that the wheels seem to grind slowly these days.
Depending on the severity of the injury GF may well qualify for compensation either at Court if Order made but doubtful if person is a man of straw or under Criminal Injuries Compensation Scheme :See
http://tinyurl.com/cvohm
(Section Goverment compensation scheme applicable)
Form available at Police Station.
I would say that Motor Vehicle Insurance will not cover damage to vehicle as this is not a road traffic accident. Policy should be read to see if it contains anything attributable to road rage (very doubtful).
One avenue to reclaim cost of damage if not awarded at Court is by civil action through the Small Claims Court (under 5,000)a relatively easy process but again bear in mid has the offender means to pay?
Any hassle from the offender should be reported forthwith to the Police.
Hope this gives some idea.
dvd
Cheers guys, appers those grinding wheels have been oiled recently....
Scumbag was banged to rights at 16.00 this afternoon. The streets are safe again until he posts bail. Insurance company proceeding without issue so all ok there it seems.
What a world we live in....thankfully this sort of thing is still pretty rare
Take care everyone
Stuart & Dominique
Scumbag was banged to rights at 16.00 this afternoon. The streets are safe again until he posts bail. Insurance company proceeding without issue so all ok there it seems.
What a world we live in....thankfully this sort of thing is still pretty rare
Take care everyone
Stuart & Dominique
windman said:
Stu
Has your good lady done a 'victim personal statement'? If not get down the Nick and get the OIC to go through it and do one....can be used at court to influence the Magistrate re severity of punishment/compensation.
Hi Windman - she gave a full account of the incident on the day of the accident when reporting it at the Nick. She then went back on Tuesday (day of arrest) and her and her sister gave full statements to the OIC (hour each). She doesnt remember specifically completing a 'victim personal statement'- would it have been covered in the standard process or is it a completely separate form?
Cheers
Stuart & Dominique
silverback mike said:
That should be the same thing, A section 9 statement of evidence.
Cheers Officer
thats reassuring! Have to say its been a very slick and open police investigation. Am I able to find out the details and outcome of the bail hearing - am interested (innocently) as want fiance to be aware and may influence my decision to proceed with a civil case if he has the "means". Cheers everyone for the advice
Stuart & Dominique
abz 7001 said:
thankfully this sort of thing is still pretty rare
You're right. I hope the old lady's okay. It ain't the Liz by the way. It's just the guy that's a total w@nker. Let's face it, big tough guy, picking on them 2 ladies on their own in the car. Gosh, maybe he's a gangster.....yeah right.
IF he ever gets inside, he might find they're not all quite a push over as your good lady and her sister. Anyway, tell her to get well soon, keep her chin up, and enjoy the driving.
abz 7001 said:
silverback mike said:
That should be the same thing, A section 9 statement of evidence.
Cheers Officer
Cheers everyone for the advice
Stuart & Dominique
That's good to hear, it's nice when the effort is put in and a good result comes of it.
In relation to the bail result, ask the investigating officer to give the court a quick ring, it may take a day or two for the court to get back to him, but it's easy enough to do.
Best wishes,
Mike.
>> Edited by silverback mike on Wednesday 24th August 22:32
Stu..
I would bet on the fact that the VPS has been done. She may well have only done the basic MG11 evidential witness statement. The VPS is totally seperate and solely deals with how the incident has effected the victims quality of life...i.e they have lost their confidence, dont like going out alone, cant drive their Liz with the roof off anymore, scared off hoodie wearing chavs etc etc.
i know that few officers in my nick...inc me wont take one at the time, especially as it may take a few days for these type of emotions to develop. the victim should be informed of the VPS though and it can be made at any time.
I would bet on the fact that the VPS has been done. She may well have only done the basic MG11 evidential witness statement. The VPS is totally seperate and solely deals with how the incident has effected the victims quality of life...i.e they have lost their confidence, dont like going out alone, cant drive their Liz with the roof off anymore, scared off hoodie wearing chavs etc etc.
i know that few officers in my nick...inc me wont take one at the time, especially as it may take a few days for these type of emotions to develop. the victim should be informed of the VPS though and it can be made at any time.
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