CIVIL ASSAULT CHARGE

[ANABAR]

Can Person A prosecuted by the police for Battery (Assault) on Person B, but was found not guilt - then file a civil assault charge against Person B if they believe that were assualted. Could Person A file a civil assault charge against Person B even if they were found guilty?

[mike11111]

Yes in both cases as the standard of proof is lower in civil cases. However legal aid may not be available and some kind of loss will have to be shown to gain compensation.

[New Judge]

There is no such thing as “Civil Assault”. Assault (at all its levels) is a criminal matter.

A private (criminal) prosecution can be launched but the Director of Public Prosecutions has power of veto over such actions if it is believed it would not be in the public interest. Civil action is limited to claims for damages. As Mike says, the plaintiff would have to show some sort of loss for the claim to succeed and would also have to prove that recklessness or negligence caused the damages .

[mike11111]

Plaintiff? Unfortunately that lovely word has gone the way of all flesh. The day after Practice Directions were issued a few years back now, a barrister stood up in court and said,
"My Lord,I appear for the plaintiff".
"No, you don't", said the judge, "you appear for the claimant!"
Ah, for the good old days of the courts of Common Pleas, Exchequer, and Oyer and Terminer!!!

[New Judge]

Yes thanks Mike. I really must dust the cobwebs off from time to time !!!

[ANABAR]

Thanks - Person A was found guilty - Person B waiting for the civil charge to be filed