Chargeed with common assault

[Carlchisholm]

I was out for a night out, when a bouncer started acting rudely and telling me and my girlfriend to 'f*** off' so as i was walking away I, stupidly, shouted back 'you f** off you fat p***k' The bouncer then grabbed me from behind and put me to the deck. He radioed in the police and said I spat at him so they arrested me for common assault, after a nite in the cells i was bailed the following morning. Iv just been back to the station today to find out it will be going to court and I am charged with common assault. Having spent the last month thinking the case would just be thrown out as they have no evidence this came as quite a suprise to me. I was just wondering if in court, I plead guilty what sort of sentance will I be looking at? If i plead not guilty (which im tempted to do, as iv done nothing wrong, and cant imagine their being any evidence against me other than his word) but do get found guilty what charge will i be looking at then? I am going to see a solicitor but was just wanting any advice on this before then. Thanks

[whifffey]

After a bit of mutual verbal, the bouncer assaulted you. Why on earth plead "Guilty"?

[oldmaggie]

I think I have answered a similar question before if you plead not guilty make sure your lawyer does not accept a written statement from the bouncer to be accepted as evidence in court, tell him you want him in court to give evidence under oath so he can be cross examined. Quite often these "witnesses" fail to turn up in court.

[FrankGalvin]

Under the circumstances you state then, no; you should plead 'not guilty'. The onus is on the crown to show that you committed the crime libelled. There is no evidence to support the offence libelled and can only succeed if witnesses perjure themselves and their evidence is preferred to you and your witness.

So far, all that has happened though, is that the police have submitted a report to the prosecutorial authority - the Crown Prosecution Service (England/Wales) or the Procurator Fiscal (Scotland). The police have no power to decide if your case goes to court. The CPS/Fiscal make that decision. If what you say is true then I would not expect this to go any further. One more thing:

I would be interested to hear opinions on the prospect of you raising a successful action against the arresting police authority for wrongful arrest. In Scotland, alleged misconduct requires corroboration - two pieces of connected evidence - e.g. the statement from the bouncer plus CCTV evidence or another witness, or even saliva on the alleged victim. Corroboration is not required in EnglandWales but even then, I would argue that 'reasonable suspicion' requires more than a simple single complaint from a complainer. On the other hand, even if the arrest was wrongful, perhaps it would be best just to put it down to experience and avoid going to that particular club again.