NFA Domestic Actual Bodily Harm Wood Green Police Station 2024

No Further Action Domestic Actual Bodily Harm Wood Green Police Station 2024

The police took no further action against our client following her arrest for Actual Bodily Harm to her partner.

Our client was questioned by the police following an allegation of ABH made by her partner after an alcohol-fuelled argument. It was alleged by the police that our client shut her partner’s finger in the door whilst trying to get him to leave the property, causing the nail to break and bleed. Our client’s account was her partner was drunk and as she closed the door to her property, he placed his hand in the door. She stated that there was no intention to cause any harm.

We attended Wood Green Police Station as a duty solicitor for our client and advised her to answer no comment to all questions put forward by the police. In the circumstances, it is better on balance to put the prosecution to proof and preserve her position by exercising her right to silence by uttering ‘no comment’ responses to questions posed to her. The advantage of this approach is that the client does not strengthen the evidence against her.

For our client to be found guilty of Actual Bodily Harm S47 of the Offences Against the Persons Act 1861 – The police/prosecution must prove -

The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498).

There are defences available to an Assault Occasioning Actual Bodily Harm. Defences can include self-defence, duress, necessity, or consent. In this case, our client raised an element of factual denial as she gave an opposing version of events to the one that the police disclosed.

Our expert lawyer was able to assess the evidence available at the time and provide the best advice for the interview. The advice given to answer no comment preserved our client’s position and due to the lack of evidence at the time, this put the case to the police to prove. This advice led the police to decide to take no further action and prevent the matter from going to court.

Law on ABH Actual Bodily Harm including Defences and Likely Outcome

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