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Victim of Assault - Civil Claim and case against Police?

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  • Victim of Assault - Civil Claim and case against Police?

    Point 1
    I was assaulted last year whilst watching a major sporting event with my wife. I was punched 3 times in the face and sustained a facial fracture, swelling and contusions requiring hospital treatment and raised a complaint with the police. I made no physical contact with my assailant.

    The police investigated, interviewed myself and my wife and the assailant and his partner, but decided not to proceed with criminal charges as they felt there wasn't a sufficient chance of a successful prosecution. The police made this decision and didn't engage with the CPS.

    My assailant admitted to the police that he punched me but informed the police that he "felt threatened". I found it very interesting that this was sufficient defence to in order to justify hitting someone multiple times, as opposed to involving the match stewards who were 10 yards away, with police officers probably a further 10 yards beyond. My wife provided photographs of my injuries and medical records were made available.

    Is there a route open for me regarding a civil action against my assailant? Being self-employed at the time, I lost 2 days work for hospital appointments, plus my wife and I had to leave the event at the time of the incident, having spent a considerable amount on tickets. The Criminal Injuries Compensation Scheme does not cover the injuries I sustained.

    Point 2
    At the time of the incident, the police were involved and I told them that I wanted charges to be pressed. Having spoken to my assailant at that time, they informed me that if I insisted on pressing charges at that time, I would be charged with a public order offence. Having no criminal record, this left me with little choice so I felt I was coerced into letting the matter drop at that point - the police instead said they would deal with the incident under "restorative justice". When the extent of my injuries became known later I contacted my local police station and pursued the matter further.

    I raised a complaint with the police regarding the officers conduct and it took them 15 months to investigate and ultimately they found no wrongdoing. The report did state that if the extent of my injuries had been known at the time then Restorative Justice would not have been suitable. The report also names (full names) my assailant and his wife, so I am now concerned that they have shared my details with my assailant.

    Would civil action against the police be appropriate? Should I raise the matter with the IPCC first?
    Tags: None

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