Not Charged Or Arrested But Summoned To Appear At Court

[laynaxxx]

Hello, 5 months ago my daughter was involved in a row with another girl in a nightclub, the row lead to a few people getting pushed & my daughter got shoved to the floor, she got picked up by a bouncer & told to leave the club. A month later the police called her & wanted my daughter to attend the police station which was in the same town as the club, when she attended she was told a girl had been hurt & the police wanted to know what my daughters involvement was, she made a brief statement saying she had been at the club on the night in question & was slightly involved in the row but was not responsible for anyone getting hurt as she had been pushed on the floor. She was not charged or given a date to return, the police officer said if she didn't hear back within 3-4 weeks then there would be no further action. Today we have just has a local policeman come around to tell her she has been summoned to attend court next week (in the same area as the police station she attended), the local policeman didn't know why she had been summoned as he was passing the message on from a different police station. My question is, if my daughter is going to be prosecuted should she have been arrested & charged first? or is this how the court systems now operate!!!

[laynaxxx]

@ FredPuli43, after the local policeman told us a summons had issued for her to attend court I contacted the original police station & it was them that told us the summons had been issued against her for an alleged ABH, I no you say it is still quiet minor but I have read in some cases people have gone to jail for it (which I do understand is the worst case scenario) but technically how can ABH be a minor offence? & if it was so minor & her very first offence why wasn't she offered a caution at the police station?

[FredPuli43]

laynaxx, stop reading newspapers for your information and fears about the criminal law! Listen to your solicitor. Yes, it is possible for someone to get 5 years for abh, the limit set back in 1861, but if you think every bout of fisticuffs or every time some man punches another, means jail for the offender, we'd need a Wandsworth prison on every street.

Yes, I know it's your daughter; it would worry any parent. But you haven't even had disclosure of material yet, so there's no point in sitting there thinking she must have been involved in the most massive affray, but nobody's told you yet!.

[razza]

When she sees a solicitor tell her to put a counter claim in,as she was actually pushed to the floor.

[FredPuli43]

And you asked about a caution. A caution cannot be given unless the suspect has made a clear admission of guilt of an offence already, before any caution is considered. And, of course,.if they have suggested or claimed a defence, it is not to be given.

Do not imagine that it is proper for the police to say "If you admit it, we will offer a caution" It is not and is expressly forbidden.

[laynaxxx]

My solicitor has just phoned & said the charge has been reduced to "Common Assault" & they can make a decision of what she will plead once he can apply for the disclosure (which will be on the first court appearance this Friday) I cannot see the point in her having to attend that hearing if it's only for the Solicitor to apply for disclosure. Will I be able to claim back my loss of earnings as I will have to take her because like I said earlier she is still recovering from recently having a total hip replacement