ASSAULT BY BATTERY - SECTION 39

[lawquery]

My friend was arrested today for battery by assaulting two female paramedics. On new year's eve (almost two months before he was arrested), the paramedics were called because my friend started fitting after a few shots of alcohol, and we thought that it might have been alcohol poisoning. When the paramedics came and tried to move him and place him on a chair to wheel him off the flat, he started jerking around, flailing his hands and twisting his body so he kept falling off the chair. He kept tensing up, grinding his teeth and jerking; he was practically unconscious with eyes closed the whole time. According to police statements, whilst trying to restrain him, the one paramedic was punched in the nose, and the other was kicked. They would have had to keep him still and go down a flight of stairs to get to the ambulance, so they decided to call the police for some help. Also, because of his jerking, it would not be a good idea to put him in the ambulance. However, when the paramedics called the police, they said that he was being 'abusive.' When his girlfriend asked why they said this knowing that it was not true, they said that they had to say it to get the police there quickly, and that they would explain that this was not the case when the police got there. When the police did get there, my friend woke up, and was conscious, though still drunk. The police had to carry him in the van and transported him to the hospital. At the hospital, my friend loss consciousness while walking into the waiting room, so he had to be taken in immediately. Nothing much could be done at the hospital as he kept holding on to things everything they tried to move him, and he would have been too 'jerky' to do a head scan. The problem is, he does not remember anything that happened that night apart from waking up in the hospital, which is what he said in his police statement. He has a court date next week. Should he be worried? Will he need a lawyer?

[Mike25]

Yes he will need a solicitor. Section 39 is common assault, it isn't that serious he will likely get a fine and a criminal record.
So in the end what was wrong with him? Hope he wasn't wasting hospital and police time! Strange that the police charged him with section 39 if he was really ill!

[Auntie-Mimi]

Yes your friend needs legal advice the courts take it very seriously when a person is assaulted even more so when it's something doing their public duty, he will also need to get his medical records released so they can take that into account.

[mic100]

Makes me chuckle when people say section 39 isn't a serious offence. I was charged and convicted last year (on one persons evidence) after pleading guilty to just get it over with after being advised it would just be a fine, and ended up with a 12 week sentence (6 weeks inside a cat B prison). First offence, self defence and 40 years old :(