Assault charge - self defence...

[Neighbours]

My boyfriend has been arrested for assault. One of my neighbours who we have had many parking issues and general problems with backed into my car. I went to confront this neighbour and he told me to f*ck off. My boyfriend then came over and the neighbour charged at my boyfriend, grabbing hold of both of my boyfriends arms. My boyfriend has head-butted him as it was the only way he could get him off. This neighbour has 7, yes 7 cctv cameras covering the incident but has deleted the 7 minutes of footage that would have cleared my boyfriend of any wrong doing, the neighbour came at him first and it was self defence. When my boyfriend was interviewed, they said the footage has been deleted. There are 2 witnesses to say that the neighbour was at fault but the police have not talked to them yet. The police said that because the neighbour's injuries were worse and because the neighbour called the police 2 mins before us he has been arrested. He spent 9 hrs in cell & neighbour has had nothing done with him yet�.
Please help � any advice is welcome

[terambulan]

Cops can't charge bf with assault when it was self-defence. Cops r probably pulling out his finger-nails trying to get a guilt confession out of bf.

Ask the police for the incident number for your complaint of neighbour damaging ur car......for ur insurance claim. That should give the cops some honest work.

[CharlesW]

I have heard of a number of cases where the first person to call the police has the upper hand. However, as long the police speak to the witnesses, all should be well.

[Neighbours]

Thank you both for your advice...
Even though he backed into my car, it was not damaged.
Is it true that the neighbour could be done with perverting the course of justice by deleting the evidence?
He has a sign in his window about his cameras recording due to the fact that they record all over the place, therefore, surely he has to keep logs of his recordings under the data protection act? and the fact that this footage has been deleted contravenes this act?

[Neighbours]

Tetjam - if you have nothing useful to say, dont day anything at all. It is you who is asking stupid questions. Idiot.

[scotgal]

A small question here - why does your neighbour have all these cctvs?

[New Judge]

No, Neighbours your neighbour does not have to keep any logs or records to do with his CCTV recordings for any purpose, and certainly not in connection with the Data Protection Act (DPA). He can also delete them as he wishes as they are his to do with as he pleases.

Many companies are citing the DPA for all sorts of reasons which are often completely inappropriate and often wrong. This inappropriate use of the Act has spread and there is now widespread belief among many people that the DPA covers all sorts of things which it does not, and this seems one such misunderstanding.

Photographs and video recordings taken by individuals are not generally covered by the act. With a few exceptions anyone can take pictures of anything or anybody (including children) in a public place. There is no �data� involved (as described by the DPA) and in taking and retaining images your neighbour is not acting as a �data controller� as described by the act.

In fact, in general, individuals have no obligations under the DPA.

[Neighbours]

Scotgal: I have no idea - he also has at the front.

Raggy Roman: Thanks - I didnt know what they were on about....??

New Judge: Thank you for your advice. I still dont understand why you cannot even take a photograph of children at, say, a sports day, yet there are children living on my row, all of which are being recorded daily.... It seems that this man thinks he can do what he likes and get away with it. None of my neighbours are happy about the cameras.
Looks like my boyfriend wont be able to prove it was self defence and will end up being charged while this idiot gets off scott free - the British justice system stinks..

Thank you for the normal people on here for your answers, I'll let you know the outcome.

[New Judge]

The reason that parents are prevented from taking photographs of their children at, say, sports day or the school concert, Neighbours is because they take place on private (or usually local council controlled) property.

The hysterical fixation that has built up in the UK surrounding paedophilia means that these organisations believe they have a duty to stop anybody taking any photographs of any children (even their own). They are, of course, entitled to impose these rules on property or at events which they control, but have no similar control in public places.

To return to your boyfriends plight, if he is charged he should engage a solicitor. If the witnesses to the incident have not been interviewed by the police they need to be asked why not. In addition, the fact that so much CCTV evidence of the event probably existed but has been destroyed by your neighbour needs also to be raised. He will no doubt say that it did not exist, but it will be for a court to decide who they believe.

[Neighbours]

Hi All,
Just to let you know the good news - my boyfriend has been cleared of assault and all charges dropped due to lack of evidence.
Thanks for all of your advice - its now a weight off our minds and just hope the Police charge the neighbour with perverting the course of justice and wasting police time!!