# Assault Charge



## Transk53 (Feb 2, 2015)

For legal reasons I cannot mention too much here, but myself mainly, and a colleague have been accused of assault. Basically in a nutshell, we assisted the local super store with an aggressive and almost certainly drugged up male. In some respects it was quite funny, the male was really throwing a hissy fit, rather than trying to kick off. Anyway, after around ten minutes, I followed the male on foot back towards the multi-storey car park and he was getting aggressive with my colleague. At that point I decided that it would be prudent to frog march the twat back to the super store. A papa uniform was en route. 

So it was quite simple, I approached spun him around by the back of the left shoulder, then locked up his arms and frog marched him back towards the store. He complained about having a bad arm, so I released some pressure. It was pretty much momentum propelling us forward, so the lock was not damaging, or the potential to be. Inside the foyer I put the male on the deck rather gently, and then just put my hands on his shoulders front side up with minimal pressure. The police officers arrived shortly afterwards, so I hauled him up with my wrists under his armpits and told him to spread his arms. The arresting officers had no issue and they thanked me for the assistance later. Now though the male as mentioned is trying to press charges. The only thing I can think off is when I spun him around, just perhaps that injured arm may be true. Could I be done for a preexisting injury. I did not beat him up, so I don't quite get what the issue is. Could I have a police officers opinion here please?


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## Gnarlie (Feb 2, 2015)

Transk53, if you are in the UK, it might be prudent not to discuss this in a public forum until it is resolved...


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## Tez3 (Feb 2, 2015)

In the UK the Crown Prosecution Service 'presses charges' not the individual. An individual can complain to the police and they will investigate. IF he has made a complaint then nothing will happen until the police want to question you at that point you can ask for a solicitor.


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## Transk53 (Feb 2, 2015)

Gnarlie said:


> Transk53, if you are in the UK, it might be prudent not to discuss this in a public forum until it is resolved...



Yeah I know what you mean, why I have omitted certain details.


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## Transk53 (Feb 2, 2015)

Tez3 said:


> In the UK the Crown Prosecution Service 'presses charges' not the individual. An individual can complain to the police and they will investigate. IF he has made a complaint then nothing will happen until the police want to question you at that point you can ask for a solicitor.



Yep. Good thing about the company I work for. It will be shunted through them until I need personal representation. The CPS will love this


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## drop bear (Feb 2, 2015)

What did you arrest him for?


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## Transk53 (Feb 2, 2015)

drop bear said:


> What did you arrest him for?



Because he made to put hands on my colleague and the fact that that the police were en route to arrest.


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## Tez3 (Feb 2, 2015)

The police officers would have re-arrested him, taken him off and done the necessary, if he's claiming injury they will have had to have a doctor look at him. If he has been charged and is going to court you may be called as a witness but I don't honestly think any allegations he makes are likely to come to anything, I'm assuming too cctv will pick up what happed in at least part of the incident.
You cannot be done for a pre existing injury unless you have aggravated beyond what would be considered reasonable.
If you go onto the CPS site you can find all the info you need about using force when apprehending suspects in the course of your job, it's specifically for security type jobs as the police are governed under PACE.


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## drop bear (Feb 2, 2015)

Transk53 said:


> Because he made to put hands on my colleague and the fact that that the police were en route to arrest.



If it is an aggression issue and he attempted to leave that is him technically doing the right thing. He has tried to remove himself from the conflict. Now if your mate has followed him and tried to prevent him from leaving. He can legally use force here to escape.


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## Tez3 (Feb 2, 2015)

Self Defence Legal Guidance The Crown Prosecution Service

Look at the bit where use of force is against a person committing a crime.


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## Touch Of Death (Feb 2, 2015)

I would be going to jail.


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## Transk53 (Feb 2, 2015)

drop bear said:


> If it is an aggression issue and he attempted to leave that is him technically doing the right thing. He has tried to remove himself from the conflict. Now if your mate has followed him and tried to prevent him from leaving. He can legally use force here to escape.



Nah way off base mate. We both followed but at a discrete distance. The male a screaming queen as it appears, chose to turn and invade his personal space and put hands on him. Not once but twice. In addition to this he was using very foul language that even someone like me would balk at. All that coupled with the fact that he was a mouthy moron, i took reasonable action. Got a statement to make tomorrow.


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## tshadowchaser (Feb 2, 2015)

Best of luck on this.


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## Transk53 (Feb 2, 2015)

tshadowchaser said:


> Best of luck on this.



Thankyou Sir!


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## granfire (Feb 2, 2015)

Good luck. it's the morons that make life on this planet so difficult....


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## Transk53 (Feb 2, 2015)

granfire said:


> Good luck. it's the morons that make life on this planet so difficult....



Thanks. Should be okay though, CCTV footage actually backs me up. However, not complacent


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## jezr74 (Feb 2, 2015)

Hope it gets sorted out for you quickly mate, and sanity prevails.


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## drop bear (Feb 2, 2015)

Yeah obviously watch the footage before you do the statement.


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## Transk53 (Feb 3, 2015)

drop bear said:


> Yeah obviously watch the footage before you do the statement.



All done so.


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## Instructor (Feb 3, 2015)

Sounds to me like you did what you had to do and no more which is good.  Praying it all works out for you.


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## Transk53 (Feb 3, 2015)

Instructor said:


> Sounds to me like you did what you had to do and no more which is good.  Praying it all works out for you.



Yeah it should do now. The allegation whatever it was, is now been directed to the super store. I may have to go to court though. The officer taking the statement (retired) is satisfied with my explanation and I showed the save CCTV footage. Should be all good


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## Tez3 (Feb 3, 2015)

Transk53 said:


> Yeah it should do now. The allegation whatever it was, is now been directed to the super store. I may have to go to court though. The officer taking the statement (retired) is satisfied with my explanation and I showed the save CCTV footage. Should be all good




If you go to court and you are on day off don't forget to put in for overtime


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## jks9199 (Feb 3, 2015)

I can't address the legal issues in the UK.  I would suggest that you may want to discuss this with a lawyer of your own, not merely rely on the company's attorneys.  In the end -- the attorney is going to be loyal to the person paying them -- and the company ain't you.

Very broadly speaking -- you did commit an assault and battery.  You laid hands on the subject. Your argument is that you were justified, either by the intent to apprehend a criminal, or your desire to prevent an attack.


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## Transk53 (Feb 5, 2015)

jks9199 said:


> I can't address the legal issues in the UK.  I would suggest that you may want to discuss this with a lawyer of your own, not merely rely on the company's attorneys.  In the end -- the attorney is going to be loyal to the person paying them -- and the company ain't you.
> 
> Very broadly speaking -- you did commit an assault and battery.  You laid hands on the subject. Your argument is that you were justified, either by the intent to apprehend a criminal, or your desire to prevent an attack.



Yeah maybe, but my line tends to shift quite often


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