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Reporting assaults

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JOEYSHABADO | 17:57 Fri 11th Mar 2005 | How it Works
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If someone gets beaten up sometimes the police require that person to press charges before charging the baddie. When is the beating bad enough not to require that the victim presses charges?
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"Pressing Charges" is shorthand for an assault victim being willing to testify in any eventual court proceedings aginst their assailant. It does not mean that the victim is taking an active part in the prosecution as they would be in say an accusation of breach of contract or libel (civil actions).

The police, acting as agents for the Public Prosecutor, need to determine whether or not a possible prosecution under Criminal Law has a reasonable chance of a successful conviction and would be "in the public interest". If their star witness and the bearer of the evidence of the assault is unwilling to give evidence or co-operate, then they will pass on to other possibly more successful actions.

If, however, the victim is rendered permanantly helpless, incapable of rational though, or dead, then I expect that the prosecution would proceed, provided that there was good evidence linking the accused with the crime.

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I believe that it is the police, on the advice of CPS lawyers, who decide whether to press charges. I believe the aggrieved party can support the police in charging the accused, but cannot press charges themselves. Don't hold me to this however as I may be wrong.

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