About an alleged comon assault.

[carltto666]

Does cps need proof to take a person to magistrates court for an aleged common assault.The police keep rebailing me,& now cps want to ajourn the trial.Because not all documents have been posted to my solicitors.This is after 5 months of the alleged crime.There s no proof or any witnesses no signs of attack on her body.. how can this go to court. polce has no proof.i thought innocent until PROVEN gulty. many thanks carlito

[daffy654]

Common assault doesn't necessarily have to have caused a physical injury.You can be prosecuted under this charge for just pushing someone,or even just for throwing a cup of water at them etc.

[New Judge]

The onus is indeed on the prosecution to prove the charge. If there is, as you say, no such proof, then you are not likely to be convicted. Simply maintain your Not Guilty plea, let the evidence be produced and let your solicitor refute the evidence.

Daffy is quite right, common assault does not have to result in visible injury. But I have to say that if there is no such proof as you suggest, then it is unlikely in the extreme that the CPS will take the matter to court.

Your solicitor will advise you of the proof they have.