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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 8550
Experience:  30 years in General Practice
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I am distraught! On Friday evening I was travelling back to

Customer Question

Hi, I am distraught! On Friday evening I was travelling back to my friends after an evening out celebrating my recent completion of my BSc(Hons) in Adult Nursing. I got involved in an incident where a police officer was using (what I thought) was excessive force in detaining someone and I thought they may be at risk of being medically hurt. I tried to talk to the police officer and placed my hand on his arm. This didn't go down very well and he threatened to arrest me, I said "surely I can't be arrested for doing this" and just touched his arm again, always in a conciliatory manner and with the sole intention of defusing the atmosphere. He arrested me!! I was taken to the custody suite and put in a cell overnight and then charged. Since the actual arrest, he has added that I kicked him whilst he was on the floor arresting said person. This didn't happen and if anyone was kicked it was me by the other person on the floor. I am a mess. My nursing career hangs in the balance before I have even got started. They have charged me with assault, which is devastating for any one wanting to work with people. I am 50 years old nearly, am a mother and a grandmother and I have never had any thing like this happen to me before. It is the police officers word against mine and I know who the magistrate will believe.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: UK
JA: Have you talked to a lawyer yet?
Customer: Yes, at the station
JA: What advice did they give you?
Customer: They said they would try and get it thrown out before it gets to magistrates court
JA: Anything else you think the lawyer should know?
Customer: No, that is it.
Submitted: 3 months ago.
Category: UK Law
Expert:  F E Smith replied 3 months ago.

Had you had any alcohol?

Expert:  F E Smith replied 3 months ago.

For there to be an assault, there does not have to be physical contact. The dictionary definition is “an intentional or reckless act that causes someone to be put in fear of immediate physical harm”.

Your account of things is not assault.

The police however seem to take great exception to being touched and it’s never advisable to touch a police officer in the execution of his duty.

Although you have been charged with the assault I am surprised that you weren’t charged with obstructing a police officer in the execution of his duty.

If ever the police are doing anything like this, walk (run!) the other way.

If it goes to court, you are going to have to defend the incident and probably the only thing that you have, in the absence of any other witnesses is the suggestion that it wasn’t you who kicked the officer probably the person who was being arrested because clearly, things were quite heated.

You are partway through a nursing career and hence, would come down to whoever the magistrates believed. What you need to do is make sure that there is reasonable doubt as to who kicked the officer.

If you had been drinking, does make your account less plausible in the magistrate eyes.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helped me greatly.

We can still exchange emails. Best wishes. FES.