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Top Gear Producer Oisin Tymon Will Not Press Charges Against Jeremy Clarkson

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TheChair | 13:03 Fri 27th Mar 2015 | Law
19 Answers
I'm puzzled. I thought that in the UK, it wasn't up to the victim whether or not charges were pressed.
I thought it was up to the police and the CPS?

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Yes it is not within Mr Tymon's gift to decide whether or not charges are brought. The CPS has to conduct its two part test before making a charging decision: 1. Is there sufficient evidence to secure a reasonable chance of a conviction and 2. Is it in the public interest to proceed. As hc has pointed out, it is not necessary for the alleged victim to make a...
19:12 Fri 27th Mar 2015
That is also my understanding, no doubt NJ will enlighten us later.
Could you imagine if the CPS had to decide on every 'handbags at dawn' altercation?
And I believe a complaint has to be made to start with.
They still can if they choose to, but Tymon always had the option. BBC news article says the police investigation is ongoing.
Unless the law has changed in the last few years it was the victim who signed the charge sheet and invited to make a statement. EG Police are called to a supermarket to interview an alleged shoplifter.The store detective gives his account to the police in presence and hearing of the accused.If sufficient evidence is shown to arrest for theft then the store detective is asked if he/she will be willing to attend the police station,sign the charge sheet and write a statement.The theft was NOT witnessed by the police officer but he is the one who has the power of arrest.If the offence was witnessed by a police officer then he would sign the charge sheet.That was how it used to work 20 years ago .
Domestic violence cases are commonly prosecuted even without the co-operation of the victim. I am not sure if it applies to other assault cases, probably not.
Yes, Eddie, but someone has to call the police to start with.
Apparently the Hotel called the Police, which would be quite normal for any disturbance on their premises.
Yeah I am a bit confused
this section is full of threads where someone says I wanna withdraw my statement and the advice is too late chummy
The CPS has decided.....

People will know I am not the CPS' or Alison Saunders' greatest fan
and you also know what the Red Queen said to Alice

Jam tomorrow, jam yesterday and no jam today !

[ oops sorry for those trained not to follow similes and metaphors the parallel is - "you can with draw charges today but you couldnt yesterday and wont be able to tomorrow". Retrocop will confirm I have always found police procedure like Alice in Wonderland - with the P'lice being Alice rather than myself ]
.

God did you hear the been announcer saying 16 29

OO sheen thingey will not press charges against Jeremy Pax-Clarxon for punching him

Jeremy Px as handy with his hands as he is with his tongue - Freudian slip wish fulfillment or not, what ?
Top Gear Producer Oisin Tymon Will Not Press Charges Against Jeremy Clarkson


I didn't think he would for a minute, smashing blokey type man is Oisin.
Win or lose ...have a booze!
In the recent past a man was prosecuted for assault that was witnessed on CCTV camera even though the victim never made a complaint.

In R v Brown (again) there were multiple convictions for various assault offences even though there were no victims - everyone consented and refused to make a complaint.

The police just need evidence that a crime took place.
Yes it is not within Mr Tymon's gift to decide whether or not charges are brought. The CPS has to conduct its two part test before making a charging decision: 1. Is there sufficient evidence to secure a reasonable chance of a conviction and 2. Is it in the public interest to proceed.

As hc has pointed out, it is not necessary for the alleged victim to make a complaint and the case he cites makes it clear than a victim cannot give his consent to being assaulted.

And if Tymon refuses to give evidence, I presume the case will collapse?
In domestic violence cases, the main reason that cases proced without the victims co-operation is that in that situation the victim is very often bullied or
frightened into a withdrawal. Usuallyit is a woman who has to continue living with the man who assulted her until the trial. They are commonly threatend with more violence unless they drop charges, so the desision is taken out of their hands. That is not likedly to happen in this case. It
hit submit too soon
It is possible though as NJ has pointed out.
No, DT, the case will not necessarily collapse.

If Mr Tymon has not made a complaint or a statement but other people witnessed the assault, the CPS may deciide they have sufficient evidence to proceed without his co-operation or evidence. In which case his evidence will not be required.
Therein lieth the condition, as I thought, //but (if) other people witnessed the assault// - and did they, ones prepared to testify?
From what we are told there were other witnesses but whether they will be prepared to testify I don't know.

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