assault

[ali888]

my 16yld was beaten by a man, this man was given a caution. This is unfair what about my sons rights, what can i do legally

[factor-fiction]

Sue for damages?

[hc4361]

Your son's rights to what, exactly?
How badly was he beaten?

[daffy654]

If the man who 'beat' your son only got a caution it would seem on the face of it that it wasn't a bad beating.
You could try visiting the police station to ask why they gave a caution rather than prosecuting the man.

[Davethedog]

What were the circumstances. A caution suggests that that the police did not think it was an unprovoked attack.

[factor-fiction]

Was it his father who beat him?

[tonywiltshire]

You can take civil action for the tort of assault.

[hc4361]

You can take civil action but it's pointless if the assaulter has no assets.

[ali888]

He was given a caution because it was his first offence

[ali888]

It was a complete stranger that attacked him. He has a cut above and below his eye and a broken nose. He was knocked out and left laying on a road.

[pizza]

I'm with factor sue first offence or not !!

[ali888]

Thank you all for your responses.

[Davethedog]

Why only a caution first offence or not unprovked attack, given the injuries that ABH, you don't get a caution for ABH.

[jake-the-peg]

If that's accurate (remember we only have you're word and you're obviously not impartial) that seems quite a serious degree of injury for a caution

Unless your son beat him about too!

You could lodge a complaint about the police decision not to pass this on to the CPS

http://www.ipcc.gov.u.../your_complaint_.aspx

[ali888]

it was the cps that decided on the caution because the man had never been in trouble before. I know it was abh that is why im so angry and need advice. my son was walking home and was in the wrong place at the wrong time. He 16 so he was terrified and did not try to fight, he just took the beating.

[ummmm]

Dave, I know loads of incidences of ABH that have gone unpunished.

[ummmm]

And GBH...

[ojread2]

It happens
My friends son was waiting at a bus stop in his school uniform, with a couple of mates
A car stopped, 4 men gout out and beat him up very badly.
Why?
A case of mistaken identity and they to were let off with a caution
Sadly, unless you have huge amounts of dosh, you may have to just let this go

[tonywiltshire]

I do not think civil action is only for the very rich oj, there is of course no point taking action against men of straw, but in your case it is unlikely that all four people can be men of straw. Remember that you can issue a statutory demand if you wish and bankruptcy with all the difficulties that will entail. I would suggest to anyone owed money to consider action in the civil courts or take professional advice.

[jake-the-peg]

OK here's the complaints for the CPS then

http://www.cps.gov.uk...complaints/index.html

[New Judge]

This article:

http://news.bbc.co.uk/1/hi/uk/4610072.stm

gives a bit of background to the use of cautions.