advice please

Discussion in 'The NAAFI Bar' started by johnw, Feb 27, 2010.

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  1. my son is in scottish infantry reg ,came home friday and later went out to catch up with friends towards the end of the night he took a female friend to pick up her sister , as it is two door car the female passenger had to get out to allow her sister to get in the back , next thing a drunk twice his size verbally abused the two females and then rounded on the drivers side so my son got out , police report consists of the following , three times the driver put the drunk on the floor and told him not to move until they left , then while attempting to leave the drunk got up and smashed the rear window of the car with his bare hands , with this the driver got out and faced up to the drunk and a scuffle ensued , what happened next i found quite funny , the driver knocked out the drunk and put him in the recovery position and stopped a passing motorist to contact the police as his own phone had been damaged during the incident police turn up and arrest son and call ambulance for unconcious drunk , four hours later , drunk is charged with criminal damage , breach of the peace and assault , but son is charged with assault and possesing offensive weapon which was a rounders bat that was found in the boot of his car that he had forgot that it was there ,and i state it did not leave the boot of the car but was found when the police checked the car after they had taken it to the police station , :? do you think we need a solicitor and if so should we get one out of the soldier magazine that specialises in armed forces ,

  2. Edit, seen
  3. Any Soliciter should do, but the CPS will try to say your son used more force than can be legally construed as self defence, so he may be in a no win situation, best talk to a Soliciter soonest
  4. Gren, read the post, bat in boot of car, not used during incident. Found by plod when searching said vehicle. Get legal advice soonest. Good luck.
  5. If the bat DID stay in the car, then a good solicitor will lose that (the bat) in his arguement.

    Will the two girlies support his version? If so, then it's getting a bit better.

    Was the force used by your son reasonable? Police probably think not at the minute, hence why he was charged.

    Further, I would advise that son tells his chain of command soonest: no dramatics, but the cold facts. He must NOT let the paperwork suddenly pitch up at Battalion without forewarning someone (that used to really pish me off).

    Finally, tell him to get legal advice NOW.............and to get his hand in his pocket as he's paying.
  6. I would overplay the "we were in fear of our lives sir" line get him and the girls to say so. The police quite often like to cast soldiers as trained killers with little control so you need to counter that aspect. Is there CCTV coverage if there is then the truth will be seen by all. Inform the unit straight away ie ring the duty nco and tell him. Get legal representation straight away.
  7. The bat is probably a non issue. An offensive weapon must be either 'made' ie a Bowie knife, 'adapted' ie adapted with nails sticking out of the bat or 'intended' ie intended to be used as a weapon. If it never came out of the boot then the CPS will not be able to prove it was placed there intended to be used as a self defence weapon. You ask if you should get a solicitor which implies that ya son never asked for legal representation whilst in the police station hence the offensive weapon charge ! You should contact a local solicitor ASAP and seek advice, don't bother with one out the back of 'soldier' this falls firmly within the civilian remit.
    Word of advice though.....the story your son has told you may not be exactely what took place. He will of course seek to minimise his own actions. In order to charge police will have to be be in posession of evidence of your sons agression from independant witnesses. If indeed he was the aggrieved rather than the agressor then the prosecution will argue (quite reasonably) why he didn't simply bundle the yound lady back into the car and drive away thus avoiding the situation escalating in the first place.
    Good luck and be sure to seek legal advice first thing Monday morning.
  8. many thanks for your replies , i am not over worried and appreciate all comments and advice ,however ,and i want you to understand where i'm comming from , scottish law is slightly different , and not fully understood by us as we are english , but we live in scotland and recruited in scotland and are proud to do so , is his story correct , yes , all the witnesses say the same and the police agree that thats as it was , the bat is owned by his step sister that lives in england and is used on sundays to occupy the young kids in a game of rounders while there brothers play football , it was last used before the bad weather started in december and then he walked her dog and used it to clout the ball for the dog throwing it in the boot at the end of the walk while the dog jumped in the car with the ball in its mouth , my veiw is a jack handle is a jack handle until used otherwise , and a rounders bat in the doorwell would be offensive but in the boot is a rounders bat , and to put someone down three times and warn them is more then enough , he did say that he thought he must have been on something in the way he was acting and with the strength that he had , have tried to contact seargent and will sort it monday morning ,many thanks
  9. Unlucky, I was reading a blog about 'Convenient Criminals' earlier this afternoon. Looks like your son was conveniently placed.

    26 year old male, (College sports coach) having a quiet drink with friends is hit in the face by a glass thrown during a fight which erupted at the other end of the pub. Bleeding heavily he is taken outside as police and ambulance are called. Those involved in the fight leave - they know the police are coming. Victim sits on the pavement waiting for ambulance.

    Police arrive but the fight is over and nobody to arrest, that's bad news for the officers as with no criminal apprehended they fail the targets set by the Government. They walk out to the victim and this is where he became a Convenient Criminal.

    In shock from his wounds and the heavy bleeding he loudly asks the police 'Where's the f***ing ambulance got to?'. Suddenly the police can, and do, issue a Fixed Penalty for a Section 5 Public Order Offence for his swearing and bingo their targets are met. Crime reported, officers attend and a fixed penalty ticket issued. Ticks all the boxes they need for Labour's police targets.

    I didn't pay much attention to it, as it's not likely to happen to me.
    When I've been hit with a glass, it's never actually broke the skin.
  10. That's a classic example why you should never, ever accept a fixed penalty ticket, if they want to do you, then say "So OK, take me to court!"

    If you go to court, you'll probably find the section 5 offence will dissappear.
  11. Such a simple approach to ensure compliance and payment rather than challenge. Pay your fixed penalty of £80 and No formal Criminal Record - leaving the police able to claim a crime clear-up. Or take the risk and challenge it in court where not only will it cost you many hundreds of pounds for lawyers and lost earnings (as opposed to just £80) but if you lose - as the innocent more often than not fear they will - then you will get a criminal record.