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Hello, i was taken into custody at weekend and charged with…

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Hello, i was taken into...

Hello, i was taken into custody at weekend and charged with assault to my 17yr old daughter, she has a history of attacking me when she is drunk, she doesnt live me at present, for once i fought back but only because she was biting me so hard a had to get her off me to stop her. i was put in the cells for5 hrs and charge with assualt to go to court nxt month, my injurys were worse than hers, she didnt even get checked over. i am 40yrs old and this is the forst time a have been in cells or ever charged, i have been told not to approach her, which she is not happy about, she has written a letter to the PF explaining it was her fault, she attacked me, and i was only defending myself. i am very worried about this, is there anything i can do, i am new to this.

Submitted: 14 years ago.Category: UK Law

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11/26/2008

Solicitor: Steven Haylesbury, LLM (master of laws) replied 14 years ago

Steven Haylesbury, LLM (master of laws)

Category: UK Law

Satisfied Customers: 765

Experience: LLB (hons) LLM (master of laws)

Verified

Hi Sahron,

Sorry to hear about this, it seems very unpleasant.

What were the extent of her injuries, and could you tell me the circumstances in which the police were called?

Thanks

Steven

Customer reply replied 14 years ago

she has some scratches on her neck and stomach , just few, my injuries were worse my arm was all bitten and my hand and head. i didnt want to charge her, she didnt want to charge me, but police charged me. i asked for police to be called as i was scared, as she has attacked me in past, but i never needed to fight back.

Solicitor: Steven Haylesbury, LLM (master of laws) replied 14 years ago

Hi Sharon,

Please dont put toooo much sway on the actions of the police, they are frequently overly cautious in who and how they arrest.

The CPS may still be given pause before thinking about a possible prosecution, apart from anything else you have sustained injuries, the testimony of your daughter supports you and you called the police.

The law as I understand it is:

The concept of the defence exists both at common law and by statute. At common law the defence has existed for centuries and permits a person to use reasonable force to:

   1. defend himself from attack
   2. prevent an attack on another person
   3. defend his property

In addition to the common law defence, section 3 (1) of the Criminal Law Act 1967 (the statutory defence) provides that:

"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."

Hope this is of some use.

Do ask if you have any further questions

Steven

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