No Further Action Against Client Following Assault Allegations
KANGS has recently assisted our client obtain the withdrawal of allegations against him of causing grievous bodily harm (GBH) contrary to section 20 of the Offences against the Person Act 1861, during an incident at a nightclub in Wolverhampton.
Mohammed Ahmed of KANGS explains how this successful outcome was achieved.
What is a Section 20 GBH?
Section 20 of the Offences against the Person Act 1861 provides that a person commits an offence where they unlawfully and maliciously wound or inflict grievous bodily harm upon another person, whether with or without a weapon or instrument. A section 20 offence carries a custodial sentence not exceeding five years.
The Case in Focus
The investigation arose from an incident alleged to have occurred in the very early hours at a nightclub in Wolverhampton. Having observed an individual behaving aggressively towards another, our client became involved in an attempt to calm the situation.
Subsequently, he was pushed forcefully and, believing that he was about to suffer violence against him, he delivered a single punch, which he hoped would diffuse the situation, but allegedly, caused injury to the aggressor.
A complaint was made against our client who was invited by the Police to attend a voluntary interview in furtherance of their enquiries.
How We Assisted Our Client
Preparation for Voluntary Interview
Where the police suspect an individual of involvement in a criminal offence, but choose not to make an immediate arrest, they may invite that person to attend a police station for questioning in a voluntary interview under caution. This was the situation faced by our client.
In order to ensure that our client was fully prepared for his police interview, the team at KANGS:
- requested and secured disclosure from the police in order to understand the allegations and evidence being relied upon,
- carefully reviewed the disclosure and discussed its contents with our client, ensuring he understood the issues raised, and the allegation against him,
- discussed the background to the allegation and advised our client on how best to address the issues raised,
- advised our client on the most appropriate strategy for the voluntary interview,
- carefully drafted a Prepared Statement setting out our clients’ account, for submission to the Police Investigating Officer.
The Prepared Statement
In his Prepared Statement our client explained in detail:
- his observations of the Complainant behaving aggressively towards another individual,
- his attempt to calm the situation,
- his subsequent further approach to the Complainant, in an effort to prevent further confrontation,
- the fact that he was pushed forcefully and believing that violence against him was imminent, he delivered a single punch in self-defence,
- his remorse in respect of the injuries that had, allegedly, resulted,
- that he left the premises immediately because he believed the situation had been brought under control and wished to avoid any further confrontation,
- that, because of hostile social media comments he decided to await contact from the Police rather than surrendering himself.
The Voluntary Interview
When our client attended the voluntary interview, accompanied by a member of the KANGS team, further evidence was disclosed by the Police in the form of CCTV footage and additional witness statements from others at the scene including nightclub staff.
The client’s rebuttal of this evidence was incorporated into his Prepared Statement which was read aloud at the commencement of the interview. A copy of the Prepared Statement together with supporting documents was then provided to the Investigating Officer. Our client proceeded to answer the questions put to him in accordance with the advice and guidance given.
The Successful Outcome
Following the voluntary interview, the matter remained under investigation while police undertook further lines of enquiry. Our team continued to liaise with the Investigating Officer and sought regular updates concerning the progress of the case.
Eventually, our client was informed that West Midlands Police had decided to take ‘No Further Action’ against him in relation to the allegation, and that the investigation was closed.
Naturally, our client was deeply grateful for this highly successful result which removed the worry and stress which he had been suffering since the unfortunate event.
How Can We Help You?
A voluntary police interview should never be regarded as an informal conversation. Any statement made during questioning, even one that appears entirely innocent, can have serious consequences and may be relied upon as evidence.
For this reason, it is essential to seek expert legal advice before taking part in any police interview or responding to questions from investigators.
At KANGS, our specialist criminal defence solicitors regularly advise individuals facing allegations of violent crimes, such as common assault, actual bodily harm, grievous bodily harm and domestic violence.
Early legal advice can be crucial in analysing disclosure, identifying potential defences and ensuring that your position is properly protected and advanced from the outset.
If you are under investigation or have been invited to attend a voluntary interview, our team is available to provide immediate advice and representation. Contact us using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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