14 year old accused assault, what next?

[mumtu2]

Hi t his is my first post so sorry if its too long. Basically our 14 year old son is accused of assaulting another 13/14 year old. We weren't aware of any incident until the police arrived to speak to our son almost 2 months ago. Son denies riding up to the other boy, punching him and riding off, as accused. His version is the boys were walking toward each other and bumped each other. The boy kicked our son, who kicked bck, then the other boy grabbed our sons tie around his neck so our son punched him. We've been told this resulted in a small cut to the inside of the boys mouth as he wears a brace. The other boy has an independent witness and the police said they won't interview our sons friends or the boys brother who were also there, as they are not independent.
Son was offered restorative justice and told if he accepted he would be seen as a wrong doer and accept full responsibility for the attack, but the punishment would be less thn going to court. Son explained it was not one sided and the other boy was pulling his tie first, so son punched out to get away. He was very remorseful and prepared to apologise, but thought the other boy should admit his part in hitting too.

The PC called about 3 weeks ago to say it was likely to be no further action but he would let us know. However, we've had a phone call recently, now saying he's interviewing the other boys who were there, as he doesn't believe the truth has been told and he's looking for a prosecution. I will try to speak with a lawyer tomorrow for specific advice but we are now terrified and wondering what to expect? Has anyone else been in this situation please?

Thanks for the advice, just as we thought. We are in Norwich.

Hi, my son has twice been beaten up by older boys & the 2nd time we went thru RJ. We are also in the same constabulary as you, so may have more insight than usual.

My experience of RJ was that it meant no record for the other lad, and he had plenty of opportunity to explain his side of the story; there's a chance for you to speak, too. I hope that the soliciter can put your mind at rest, but I strongly encourage you to go for RJ so that you can all put it behind you. yes your son was provoked but he wasn't provoked with violence, if I understand you correctly. RJ could be an excellent chance for your son to explain exactly why he responded as he did, why he felt violated, etc., to the person who matters most.

Thanks holiday, I'm sorry to hear of your son going through that. Hope he doesn't have any more trouble now and the RJ has helped you all. Our understanding for the RJ was that our son would be accepting full blame and responsibility if he took the RJ route. That was how a PCSO explained it when he came round. That's why our son felt it wasn't right for him, because he says the other boy pushed first, son pushed back, followed by a kick, son kicked back, then the boy was grabbing sons tie. Son then punched out. So son has over reacted but was also attacked himself. Apparently the other boy wasnt keen for RJ either. We are just angry that he's being accused of a totally unprovoked assault and the other party is totally innocent. He has admitted hitting the boy, but it was because he felt threatened. We are constantly telling the kids to just walk away from confrontation, no matter what, hopefully he will learn from all this........

Something wise that PCSO said first time DS got beat up was "Sometimes you have to figure out when to walk away from trouble." DS really did need to learn that lesson, too.

Maybe you should ask more about the RJ scheme, or maybe it's more harsh than I thought. It was emphasised to us that we would have to listen to the offender, too. My feeling was that it gave everybody affected a chance to air their feelings & experience. Your DS won't get that so easily if he goes down an alternative route towards a caution or even trial.

I don't think restorative justice has been explained very well. Take a look at the restorative justice council website for a better description. Certainly worth considering rather than getting entangled with the legal system.

If your son threw the first punch that is not to his benefit in a legal context. Better to find a resolution and learn from the experience.

Thank you for the responses. It doesn't sound as though RJ has been explained very well. I think we need more explanation from the police perhaps as to what's involved with it. Son was happy to go ahead if the other boy was also to apologise for his part, but as I say, it was explained that our son would be a wrongdoer and I understand he could end up with a caution too. The other boy would be the victim even though he has started the scuffle and was physical too. Although I suppose if it does end up in court, our son could end up with a conviction, is that correct?

I'm so worried now, first we were told its likely no further action would take place and it wasn't in the public interest to take it to court, but now the police want more evidence to try to prosecute. We will certainly contact solicitors tomorrow for advice too.

@mumtu2 Can you tell me the outcome of this as we are in a similar situation, where my son was pushed first and he retaliated. Thanks

Hi we went down the restorative justice route, which involved son writing a very basic apology letter to the other boy. I don't know whether any record of this is kept in sons info for DRB checks etc in future, but he has since finished school, college and is now on an apprenticeship without repurcussions. Sorry to hear you are going through this, it's a worry that you can't control and seems to take so long to resolve. I hope you get a happy ending for everyone.

Restorative justice is not disclosed on a standard CRB check but may be disclosed on an enhanced check if it is proportionate and relevant.

For CRB read DBS!