My Husband Threw Water On A Child And Has Been Charged With Assault

[libsuths]

A child of our neighbours was persistently throwing water at our windows and on our cars. Thinking he was having a joke my husband chased the child away twice and threw water on him. The childs parents have since reported him and he has been charged with assault, despite the fact that he went and apologised to the parents and we were friends until this point. The child is known for being a bit of a nuisance in the area and he has since threatened my daughter and other children. Two of our neighbours have also given a statement to the police stating that all they saw was what appeared to be a game of chase or a water fight and there was absolutely no malice or aggression shown by my husband.
He has a very good job and is obviously concerned about the penalties for this. Also the police did not take a statement from him and he was not cautioned before being charged. We have never been in this situation before so would appreciate any advice on the likely outcome of this.

[NoMercy]

If he hasn't given a statement nor been cautioned, I take it he wasn't arrested? If that's the case then correct procedures were not followed and the police could get slapped wrists over thus.

[DTCwordfan]

solicitor's office, that would be where I would head, especially if it could impact on my career.

[albaqwerty]

hate to ask, but how can someone be charged without being arrested?

[andy-hughes]

I would agree with DTC - your solicitor is the person to advise you.

Since your husband is of good character, and this was clearly a badly advised move on his part, rather than any malicious intent, it should not get as far as court.

Do not do or say anything else without legal advice.

I am sure you have 20/20 hindsight, and don't need me to tell you that when a child misbehaves, he is being a little brat, but when an adult does it, he is behaving badly, because he is old enough to know better.

[EDDIE51]

It is illegal not to issue the statutory caution before charging someone. You need to contact a solicitor urgently.
If he has been charged you must know what the exact charge is , and the only one I can see is common assault. This is not an imprisonable offence and it is magistrate's court only. But a conviction will mean it shows on a full disclosure if he ever needs one.

[Arksided]

Mollycoddled thug in the making by the sounds of it, your Husband should know better! I am of course talkin' of the youngster, I have a few of these cock-sure-wanna-be's where I live. I can offer no advice on the assault charge... WATER! seriously may I suggest avoiding playing 'Cowboys and Indians' with him. He probably was alarmed at the response from your husband no matter how playful... thought he could get away with anything.

[New Judge]

"...and the only one I can see is common assault. This is not an imprisonable offence..."

Eddie you really must get a grip. Whilst a custodial sentence is so unlikely that it can be safely ruled out in this case, the offence of Common Assault carries a maximum sentence of six months:

https://www.sentencingcouncil.org.uk/offences/item/common-assault-racially-religiously-aggravated-common-assault/

[ummmm]

Eddie needs to stop answering questions incorrectly!

Good luck....I bet it'll be dismissed as nonsense.

[EDDIE51]

OK NJ yes it is theoretically possible for a jail term , but I saw that there was zero possibility in this case which is what I intended to say.
I am wondering if libsuths husband has actually been charged or just warned that a charge is possible.

[douglas9401]

How does it go again, Eddie?

You have the right to remain silent.......

[libsuths]

Thank you all so much for taking the time to reply. He definitely was not cautioned. 2 police officers came to the house and said they were there to caution and charge him. The officer then told him what the charge was and asked for his response. He was not asked to give a statement and was not asked any questions about the event.
The general concensus we have received is that it will be dismissed before even making it to court.
This child is completely out of control. We have made allowances for the last 2 years as the parents have always maintained that he has behavioural problems. He has now been diagnosed with ADHD so his parents are using this as an excuse for bad and disrespectful behaviour.
My husband has a solicitors apt next week so hopefully she will be able to confirm if the police have followed correct procedure.

[woofgang]

Not a legal beagle but be vary careful about mentioning the behaviour issues of the child as any kind of excuse/defence, either formally or informally. The behaviour at issue here is that of your husband and not of the child.

[anneasquith]

Might it be best that only experts reply to questions in this topic ?

[Sqad]

It might be better if only "experts" reply to any appropriate sections, but AB has so many "experts" who post on so many topics, that it is difficult to monitor and define an "expert".
Anyway anne, that is not the policy of AB to restrict posters.

[Barmaid]

There are too many gaps here for anyone to advise properly (I get this libsuths, in a stressful unfamiliar situation we do not always understand).

On what you have said the police have acted improperly. At the very least he should have been interviewed under caution (this is normally done at the station and is recorded).

IF he has been charged, he should have been notified of a Court date. I suspect that this is something a criminal solicitor can sort out so as others have said, get an appointment to see one pdq. Apart from the fact that they can advise you, a good criminal solicitor will make representations to the police on your behalf.

[Smowball]

I cannot see how he can be charged without even having made a statement??

[Barmaid]

It is unusual Smow - particularly in a case like this which will amount to he did/no he didnt. The interview is his first opportunity to put his side of things. BUT it is possible.

How I would expect things to work is - he be arrested and taken to the station OR be invited for a voluntary interview. After interview, case referred to CPS for charging decision. Then charge or no further action. Then first appearance in Court. But, there are always exceptions and anomalies. Thus the OP needs proper legal advice.

I still think they need to see a criminal solicitor.