Too late for prosecution? Actual bodily harm (ABH) over 6 months ago

[montydonny]

So almost a year ago, I was assaulted by someone I know. I received bruising to face, concussion, burst lip and temporary vision issues. I spoke to the police but did not sign any official statement as I just wanted the case to be 'on the record'. The perpetrator was questioned by police but no action was taken without evidence and there was no caution given. I was told at the time that if I wished to bring the case to the CPS, then I would have to do so within 6months. I had my reasons at the time for not pursuing this. Some further minor assaults happened after that, but nothing in the past 4 or so months. Things have now changed and I am re-considering my stance and may want this brought to the CPS (I also have evidence now that I did not know about when I spoke to the Police initially).

However, I am confused as to the 6 month time limit. On the one hand I read that prosecution for a summary offence (which can only be tried in a magistrates court) must begin within six months of the day when the offence was committed. Is ABH a summary offence? I think not. Actual bodily harm is a triable-either-way offence I believe, so could be dealt with via magistrate or Crown court...with no time limit? "In relation to indictable and indictable only cases, the starting point is that there is no time limit."...

"The reason that common assault is triable only in the Magistrates’ Court is that it is an assault that causes little or no injury. Otherwise, it will be charged as assault occasioning actual bodily harm, triable in either the Magistrates’ or Crown Courts and thus to which no time limit applies." https://www.lawgazette.co.uk/practic...111103.article


Is ABH the same as battery? Then, this states the time has lapsed: https://www.cps.gov.uk/legal-guidanc...g-standard#a02

Could anyone shed any light on whether I would still be able to get this case to the CPS if I go back to the Police with evidence this time?

Many thanks.

M

[dslippy]

Being open to be prosecuted does not mean (by a long way) that it would be prosecuted.

[montydonny]

Being open to be prosecuted does not mean (by a long way) that it would be prosecuted.

Well I know. Has to be brought to the CPS first. So my question stands - am I too late for that?

[montydonny]

Anyone?

[DonnysBrook]

Common assault is different from Actualy Bodily Harm , which is an either way offence so there is no time limit. It is not clear from the information you have provided which type of offence you have suffered, and as I am not a criminal lawyer I wouldn't feel comfortable commenting in any event.