A while back, I was violently attacked by a group of 5 intoxicated young men in broad daylight as I was carrying my guitar home from a band practice. I have no memory of the event until coming to in a lot of pain and a woman kneeling down and cradling my head which had taken a kicking.and lots of people standing around.
The end result - 2 of the offenders were arrested at the scene of the crime while they were attacking me. The others fled and were not apprehended.
The two that were apprehended, I was told after the fact that they were only given a caution. Part of the police explanation to me in not prosecuting was that 1) The cctv footage was of low quality; 2) They could not be sure that the 2 men arrested for attacking me were the ones that caused my actual injuries (which is odd because 2 off-duty police officers whom I am very grateful to grabbed them while they were attacking me, it was in broad daylight and there were many witnesses ) and 3) they were not sure they could prove my injuries were caused by the attackers (as if it were that my injuries could have been a pre-existing condition).
When the police failed to take what I would consider appropriate responsibility, I decided I would take the 2 men to court in civil proceedings and at least they would have to face me.
To do this, I would need to know the identity of my attackers. I filed a Freedom of Information Act request so I could find out who to take to court and issue proceedings against.
I was denied this information. The reasoning in withholding the information was that it was to protect these men from me!
Comments
The CPS process for deciding which cases are likely to result in conviction is incredibly flawed as from what I've seen. As far as I can tell, unless there's a death or the victim has the means to make life difficult, assault cases rarely seem to get through. However, if there's a sexual assault case, it'll almost always get to court - even if the CPS are made aware of evidence which incontrovertibly proves that it never happened.
The law isn't an ass, but the implementation of it is - there's a political finger on the scale, and it seems to depend on whether the type of crime in question is the flavour of the month in the media.
Legislation is a wonderful thing for many situations but in your case, things are FUBAR.
Hope you're recovering OK....
Remember, it's easier to criticise than create!
It's not the law, but the justice system, which has been robbed blind by the Conservative government.
Police, Probation, Prisons, Courts both Crown and Magistrates, Legal Aid etc. etc.
If you include all the cuts to social services, youth programmes etc. then you have the state of Britain today, everything running way beyond capacity with only worse things to come. Huge investment is needed just to stand still and that's not going to happen, especially with money being given to Eurotunnel whether Brexit happens or not, and all the other catastrophes about to befall us.
We won't be returning to a gentler Ye Olde England, but more of a post-apocalypse wasteland where everything is either under water or on fire.
It's not to do with the party in power. It's far more systemic than that - all part of the government of the country, but these are the people we don't get to re-elect every four or five years.
To the OP, really sorry to hear about what happened to you, that sucks.
I'm not locked in here with you, you are locked in here with me.
Yes, the law is a total ass.
Remember, it's easier to criticise than create!
Plod will disclose information to solicitors far easier than to the general public. The solicitors will be required to complete a whole bunch of forms and there will be a fee to pay.
With some forces there will be a finding fee and then a document release fee on top.
But even then - if the solicitor is unable to say why he wants the information then plod won't release it.
So you need to be contemplating a private prosecution, or (easier) a claim for personal injury damages against the alleged attackers.
Don't bother with the PP as the CPS will step in and shut it down in most cases. A injury claim following assault has a lower standard of proof that must be reached.
https://speakerimpedance.co.uk/?act=two_parallel&page=calculator
also, your local paper would be very interest3d most of the time
i find itbincredulous that if someone has a low speed motor accident but one of the drivers hurts their neck, that police have to be called, and names/ addresses and insurance details need to be swapped,
But if you are violently assaulted you are not allowed to know who did it??!
that is what you should put in your letter to your MP and the local paper
Good luck mate
Remember, it's easier to criticise than create!