16 Year Old Assaulted By 15 Year Old

[Cruiser12345]

My son was assaulted by a 15 year boy who had been under age drinking. It was completely unprovoked. My 16 year old was out with a group of friends when it happened. He has health problems making him more vulnerable. He was punched and kicked and pushed to the ground where he sustained further kicking. His face and nose were bruised and swollen and his shoulder dislocated. What is the likely punishment for this kid? He has done something like this before.

[scooping]

If you reported the incident and/or the police attended they will be happy to advise you.

[Zacs-Master]

Was he arrested / cautioned / convicted for the previous incidents?

[Cruiser12345]

don't know what happened with outcome from previous assault. Early stages with police was initially going to be CID for serious assault but no broken bones so now stay with police for assault bit don't know what to expect because of age

[bednobs]

has the assaulter admitted it? if not there is no guarantee of any punishment at all

[New Judge]

There are lots of "ifs:

If the police decide to take action and if they decide that a caution is not appropriate they will refer it to the CPS.

If the CPS decide that a there is sufficient evidence to support a reasonable chance of a conviction and it is in the public interest to proceed) they will take the matter to court.

If he is convicted (either by pleading guilty or being found guilty following a trial) then the matter will be dealt with by way of a "Referral Order":

https://www.gov.uk/government/publications/young-offenders-referral-orders

The Youth Court has no other alternative disposal for the matter. Bear in mind that if court action does result that you or your son may not observe the proceedings. Youth Courts are held behind closed doors. You will be entitled to be informed of the outcome.