Assaulted

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Cycling Dan

Cycle Crazy
The resolution is sorted now so i cant be taken any further as far as i can see. So upload the footage today. I want to see it :evil:
 

Paul99

Über Member
I am clean with no previous. I have never got on with Steve next door, he gets on my tits, might give him a smack in the morning.
Make sure you get somebody to film the action and upload it to youtube. Apparantly if it is "widely publicised" they can't use it against you in court because then you won't get a fair trial if they actually bother to charge you. Or some such rubbish.
 

Andrew_Culture

Internet Marketing bod
The law can be a frustrating process, but I have to believe there are those involved in the process who really do believe in justice.

I had a business destroyed by a criminal who showed nothing but cold contempt and joy for the damage he'd done to me. Two years later he was convicted, but because he'd enrolled in University he had his two year prison sentence suspended. He did get something like 300 hours community service though!
 
Neil has explained the caution problem perfectly. It's not that someone "can't" be charged with a first offence, it's because someone once decided that every incident can be put through a 'formula' to give a 'score' that decides whether or not it should be. Personally, I think that criminal offences are never as clear cut to be dealt with like this, but that's my grumble.

Because of the fact he had no previous, admitted it, and says he is sorry (it's the last part that always gets my goat as they never really are) it's unlikely to score highly enough to warrant more than a caution.

It's an argument that is discussed a lot. Perhaps everyone deserves one chance if they have a moment of madness, or perhaps they don't - many manage to live without having one.

The local resolution is a better personal result for Black Country Steve as he will get some compensation for the bike. The only downside is that if he does it again, hes STILL eligible for a caution! Don't let it stop you running a civil complaint as well if you want to. The local resolution payment is considered 'recompense for the offenders actions', not damages (technically), and so you may be able to put a personal injury/damage claim in against the offender - a civil solicitor would know more.

I'd now make the video public, but that's me. You dealt with it very responsibly and it's your decision whether you show it or not.
 
I am clean with no previous. I have never got on with Steve next door, he gets on my tits, might give him a smack in the morning.

For me this actually sums up one of the problems with the resolution/caution system. You (I presume) say this in jest. Even if you really don't like Steve, despite finding out you probably wouldn't get into serious trouble for a minor assault on him, you won't - because you're a decent person.

I have however dealt with 'non decent' people who have done almost exactly the above, because they have found out they wouldn't get much.

The justice system works perfectly to stop law abiding people committing crime.

My personal, and very non liberal view that I get lambasted about is that I agree with the idea of cautions for juveniles, but once you are an adult you should be wholly responsible for your actions.
 

dodgy

Guest
I suggest not putting the video up, all it will succeed in doing is winding you/us up. I don't tend to watch helmet cam footage, especially when I know roughly what happened, I never feel good after watching them. I would however watch if the aggressor was immediately flattened by a bus after dishing out the beating, on camera, natch.

Let me know when this happens.
 

Paul99

Über Member
The justice system works perfectly to stop law abiding people committing crime.


This is very true except law abiding people don't commit crime. If a once law abiding person commits a crime, they are no longer law abiding.

This means that the justice system doesn't work very well at all because you can still be a criminal and get away with a caution.

The caution system was introduced not to prevent "law abiding" people from getting shafted when they commit an offence but to keep people out of court because they can't handle the volume of cases. (IMO)

This is by no means an attack on the police here (my previous post aswell), just me being a bit narked that somebody can commit an assault on somebody else and basically walk away laughing
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
I'd like to think that as long as the event appears permanently on his file, any further assaults or hassle he causes will rack up more appropriate punishments. Just a shame that he may not have any remorse and be out there as a danger to more people.
 
OP
OP
B

Black Country Ste

Senior Member
Location
West Midlands
Haha, I'll do it tonight, maybe in the morning. I was always going to upload it but wanted to see what the bloke wrote in his apology first because it affects my next step. I may as well get it done. Leaning against a civil action at the moment but might get advice on that. As far as I'm aware he was on company time and certainly wearing works' uniform so I may go after the company. Being a few quid lighter and writing a 'sorry' note isn't justice but I recognise the police's hands are tied.

Thanks Neil and CopperCyclist for kindly explaining how the process works. The PC explained on the phone but I was too annoyed to listen properly. She was on my side the whole time though and did a great job for me.
 
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