Legal eagles and Good Police of STW assemble; What should happen next?

where are you that a DS is managing the investigation into an ABH? Unless it was originally recorded as a GBH?

Did anyone do Gravity Score matrix (computer too slow for me to read/ open every link).

“broken” nose = ABH. Police can’t charge ABH, has to go to CPS (but we can caution).

Gravity score for ABH = 3.

We can then use aggravating and mitigating factors (which can only ultimately move score up or down by 1, so some could cancel out).

Possible aggravators:
Offence against Public Servant.
More than one blow.
Vulnerable or defenceless victim.

Possible mitigators:
Impulsive action
Minor injury

Likely to remain at 3 when all considered to which guidance is

“Normally charge but a ‘simple’ caution (or conditional
caution – may need CPS decision if IO and
exceptional circumstances) may be appropriate if
first offence.”

Crucially the advice also says

“It is important to consider the impact of the offence on the victim. Wherever
possible, the victim should be contacted before a decision is made, to establish
their view about the offence, the nature and extent of any harm or loss and its
significance relative to the victim’s circumstances”

so in other words if this hypothetical victim was unhappy or upset about the idea of a conditional caution, this should be considered.

Far be it from me to suggest that a caution produces far less work for a busy police officer as they don’t have to complete and submit a file to court, and possibly attend court at a later date.

CTM (3 years as a custody sergeant making police disposal decisions, and now a DS.)

It’s my hope is that one day, in events like these, Mr Fisty would have a lifetime loss of his drinking licence.

where are you that a DS is managing the investigation into an ABH? Unless it was originally recorded as a GBH?

originally recorded as section 47 malicious wounding. DC investigating, DS supervising. Spoke to DS as DC was not available. Ta for input, she mentioned something about a cautioning matrix.

And I worked offshore one time with a chap who, it turned out, became violent when he dried out. So far as I knew he didn’t have a record. Mr Fisty should, for the benefit of everyone else.

https://www.gov.uk/government/publications/the-emergency-workers-obstruction-act-2006

The Emergency Workers (Obstruction) Act 2006 contains two new offences. First the act makes it an offence to obstruct or hinder certain emergency workers who are responding to emergency circumstances. Emergency workers are defined as firefighters, ambulance workers and those transporting blood, organs or equipment on behalf of the NHS, coastguards and lifeboat crews.

Well if that was in Scotland you’d be charged, reported to the PF, and then at some point up in front of the sheriff. We might keep you in overnight to see him the next day, depending on which custody sergeant is on. And, assuming you were convicted, I’d bet a months pay you’d have a trip to the big house.

Far be it from me to suggest that a caution produces far less work for a busy police officer as they don’t have to complete and submit a file to court, and possibly attend court at a later date.

I strongly suspected that this sort of thing may have had something to do with it all… 😕

Update on this; Police have (with a bit of prodding, armed with stuff from this thread and a sense of righteous indignation) decided to pass this to the CPS for a charging decision. They are still intimating strongly however that a conditional caution is the most likely outcome; they suggest that the first question that the CPS will ask is “can this be dealt with without prosecuting?” and the answer will lead them to the conditional caution route. I’m going to ring the police officer in question again today and yet again voice both mine and my employers disatisfaction at this route being taken.

One of my biggest concerns is that if this is what the police anticipate, they are only going to put the work in to support that decision. Ie; the case would be scuppered because they haven’t gathered the (easy to gather) evidence from witnesses, etc. They have only just asked for consent to see the medical records of the victim! FFS. 😐