- May 1, 2024
- Posted by: legaleseblogger
- Category: Related News
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# Situation in England
## Assault by Teenagers
I am an adult residing in England and recently experienced a traumatic incident where I was assaulted by a group of teenagers who hurled racist insults at me. The situation escalated when one of the teenagers, approximately 10 years old, pulled my hair, and in self-defense, I grabbed his hair as well. This led to the entire group physically attacking and punching me.
## Repeat Offenders in the Area
It is concerning to note that there have been similar assaults in the area involving the same group of teenagers, with a recent victim being under 18 years old. Additionally, the teenagers belong to a family consisting of 10 children whose mother has been involved in criminal activities, including theft, alongside her children. They have also displayed violent behavior, such as an altercation with a shop owner where the mother had the owner by the throat.
## Legal Ramifications and Involvement of Authorities
The police suspect that this incident could be classified as Actual Bodily Harm (ABH) alongside a hate crime, as I sustained mild concussion and a possible injury caused by an instrument, such as a ruler or a knife. The attackers, aged between 10 and 16, are already under the radar of social services, and the police are in the process of seeking their eviction from council housing due to their antisocial behavior.
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The AI Legalese Decoder can assist in navigating the legal complexities of this situation by analyzing the applicable criminal laws and providing insights into the potential outcomes of seeking prosecution. It can offer guidance on seeking formal legal advice to determine if the Crown Prosecution Service (CPS) will agree to proceed with the case, as well as shed light on the possible sentences or orders the teenagers could face if convicted.
Furthermore, the AI Legalese Decoder can help assess the impact of multiple victims deciding to prosecute together, the timeline for the eviction process, and the victim’s entitlement to information about the family’s relocation. It can also provide clarity on the priority level of the case considering the involvement of social services and the council, and the implications of the family’s potential non-appearance in court on the case’s outcome.
In addition to these insights, the AI Legalese Decoder can offer valuable advice on navigating the legal process and seeking justice in this challenging situation.
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****** just grabbed a
Obligatory IANAL:
> 1. If I do decide to proceed and the case stands, possible sentences / orders these kids could get? From I read they could have reduced sentences if they’re in care as well. Any chances of this going on their permanent record?
In England, justice is entirely within the hands of the CPS; you don’t get to decide whether to “proceed” or not. Depending on the severity of the damage, honestly I wouldn’t say they’re looking at anything too severe due to how young they are. Could be probation, could be YOI, could simply be a letter of apology and a slap on the wrist.
> 2. Would it make a bigger difference if all the victims decided to prosecute together?
The victims would most likely not be able to make that decision, and even if they could, each victim would be pushing for prosecution of a separate offence, which would lead to a very sloppy trial. Realistically, what you’d want is for the case to be simple, open and closed, not overcomplicated by every Tom, Dick and Harry getting involved.
> 3. Is this worth my time? By what the policeman said regarding the stage the eviction is at, how soon would this be?
I couldn’t answer that, honestly.
> 4. Am I entitled as a victim of this crime to find out where the family is rehoused – not exact address, just area – for my own peace of mind?
No, though it’s not a bad question because there are laws such as “Sarah’s Law” and “Clare’s Law”, which allow people to locate possible bad actors so that they are aware of the risks of their local area. “Sarah’s Law” allows you to request data about whether or not a particular person is on the sex offender’s registry. “Clare’s Law” allows you to request data about your partner to ascertain whether they were previously abusive or not. It’s worth noting that the police would rarely disclose addresses of criminals to prevent retaliation.
> 5. Have heard some previous anecdotes regarding prioritising of cases, what level of priority am I with the ABH + hate crime? Will social service + council involvement slow things down if I decide to prosecute / CPS agrees or is it more of a parallel process?
Social services and council involvement definitely would slow down prosecution because to be quite honest, it’s a disorganised mess. With regards to priorities, they one hundred percent have priorities but I imagine a hate crime would get you a decent bump.
> 6. Given the mobility of the family – chances are they will not even show up in court, will this result in the eventual dismissal of case?
Unfortunately, the answer is most likely yes. I’d imagine you’d get little updates and it would end up being justified as the police being unable to dedicate the resources to jailing a full family.
Don’t let me get you down though, like I said, not a lawyer and likelihood is that you’ll get some turbo-lawyers in here who can tell you that they’ll be jailed for a decent stretch. From past experience though, I’d say prepare to be disappointed.
Sorry 🙁
NAL
But I can address some points.
1/2 The children will be likely to never receive a custodial sentence, most likely a youth centre where they have to attend and if they fail to attend, then the courts will look at alternatives.
This does affect mum as well, I’m not exactly sure how one is applied for, but parents can be subject to a parental behaviour order where the kids and mum have conditions to follow and if mum does not aim at keeping them under control or following the conditions it affects her as well as them. I’m not exactly sure of the ins and outs of one, mentioned a few times but never actually seen one.
I don’t see why the CPS wouldn’t do anything, if it’s multiple victims then saying not in the public interest to prosecute seems a bit meh, it’s possible but if there are multiple victims and you have injuries amount to ABH and it’s a group, then this should be dealt with by the police and or court. Multiple victims does stress to the court that the children are not contralable and they are a risk of becoming worse as they are raised, this would be a significant step in dealing with them which will ultimately affect their futures as well as mum. It will all be taken into consideration.
3. If you want the kids to receive some punishment that they are clearly lacking, then yes. If your in for the compensation then no.
4. Not likely, but then again I don’t control what an officer tells you.
5. I think as it goes to a YOTS referral, it will involve social services before actually going to court, this is where they will create an action plan of sorts. I’ve not actually been involved with one so I can’t entirely comment on what they do or say but they will look at each child individually and together and then discuss about how each one and try to manage the risk with them. If it goes to court, the process for court + hate crime won’t speed it up, it’ll probably be a few days case anyway given there are a number of suspects involved and how much time would be needed to deal with each one in the case and hearing evidence etc. Cases can take a few months anyway. It’s not unreasonable to think that the social services and rehoming aspect would be completed before it gets to court.
6. No, not turning up to court doesn’t dismiss the case. It’ll be the magistrates to decide on whether they continue without them, but also whether they issue a warrant for them to be arrested for failing to appear. Given they are known to the system, wherever they move to, the police will know. It shouldn’t be that hard to wrangle up some kids and find out where they are staying. Cases can continue in the absence of the suspect but I think a court would want the kids to appear. It’ll just result in a sort of delayed hearing if the police can only get one at a time. If they fail to follow any court bail conditions, if they are given, then they could be remanded to a youth detention centre to await court.
1. You don’t need formal advice- it’s a matter for the CPS to decide based on the evidence and public interest. Without knowing everything- including the full evidence and related material that may exist in the background, it’s impossible to predict what the CPS’ decision may be.
2. If they are youths without previous convictions who plead guilty, they will get a Referral Order. If not, they would most likely receive a Youth Rehabilitation Order. They are highly unlikely to come anywhere close to youth custody, though any conviction would be recorded.
3. Only in terms of how long the case would take.
4. The value of your time is a matter for you. If the prosecution is dependent on you, nothing will happen if you can’t be arsed.
5. No.
6. The CPS’ decision will proceed on its own timetable. Youth prosecutions are more streamlined than in the adult courts, so the delays are not as bad.
7. If a defendant doesn’t show up the case isn’t dropped. A warrant can be issued potentially to ensure the defendant attends.