Assault Allegations Dropped Following Strong Legal Representation
KANGS has successfully assisted our client to defeat unjustified allegations of common assault and harassment made against him by a neighbour, arising from an incident linked to a longstanding boundary dispute.
Although common assault is considered the least serious of the three primary assault offences, it is nonetheless a criminal matter that can, if prosecuted, lead to a custodial sentence and harm to a person’s reputation.
Mohammed Ahmed of KANGS outlines how this successful outcome was achieved.
The Background
A longstanding dispute between our client and their neighbour concerning the ownership and use of land, as well as a disagreement over the use of a driveway, led to an incident during which the neighbour alleged that our client had:
- confronted him at his property,
- behaved in a verbally aggressive manner and
- caused him to fear the immediate infliction of unlawful violence.
How We Assisted Our Client
Our Procedural Advice
In advance of our client attending a voluntary police interview, the team at KANGS obtained the release of pre-interview disclosure from the Police Investigating Officer.
This disclosure indicated that the neighbour was willing for the issue to be resolved by way of a process known as ‘restorative justice,’ whereby the parties in dispute seek a resolution without engaging in formal court proceedings.
As our client strongly denied the allegations of common assault against him, our team advised against adopting this procedure which, potentially, may have adversely impacted his reputation.
Our client elected to follow our advice and the procedure which we recommended to ensure he was fully prepared ahead of the interview.
Preparation of a Comprehensive Statement
Following detailed consideration of all the relevant material and discussions with our client concerning the history of the dispute and the resulting confrontation, our team meticulously prepared a detailed Statement for presentation to the Interviewing Officers.
This Statement, which throughout its preparation was carefully extended and revised following several discussions with our client:
- acknowledged that a long-standing neighbour dispute existed,
- explained the issues in detail,
- categorically denied any intention to cause fear, alarm or violence,
- addressed the full events of the incident emphasising that no threats were made, no weapons were involved and no physical harm was caused,
- denied that the neighbour had been placed in any fear of violence as evidenced by the fact that he was laughing throughout the incident.
The Successful Outcome
At the voluntary interview, which we attended with our client, the Prepared Statement was read out by our solicitor, and our client exercised his right to decline to answer any further questions.
Following the voluntary interview and a full review of the evidence, the Police confirmed that our client’s comments were fully accepted and that no further action would be taken.
As to be expected, our client was delighted with this highly satisfactory result stating:
“I am especially thankful for the support I had during this difficult and stressful time… the work you did meant a great deal… I truly appreciate everything you did to try and resolve it with the outcome ‘No Further Action.’ Those three words will stick in my mind forever.”
How Can We Assist You?
As can be seen from this recent successful outcome, when asked to attend any form of formal interview, it is essential that experienced advice and guidance are sought and that there is no engagement in any form of questioning or interview beforehand.
The team at KANGS are highly experienced in advising and representing individuals invited to attend voluntary police interviews under caution.
Our team can assist by:
- advising on the implications of out-of-court resolutions, including restorative justice,
- obtaining and analysing pre-interview disclosure,
- advising on the most appropriate interview strategy,
- drafting comprehensive prepared statements, and
- providing representation at voluntary interviews nationwide.
If you have been asked to attend a voluntary police interview in relation to allegations of Grievous Bodily Harm (GBH), Actual Bodily Harm (ABH) or common assault, please contact us using the details below and speak with our experienced criminal defence solicitors, who will be happy to assist you.
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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