Witness statement

[Fraggle1977]

My ex spent a drunken night with me a few weeks ago. The following morning an unknown number messaged my phone and he went to read it. I attempted to read the text and he assaulted me and ran off with my phone. I phoned the police. The assault and the theft were repaired and I got my phone back with no further action being taken
Now two weeks later,even thought I've said to them I don't want to press charges he has been asked to attend interview. I spoke to the Sargent and she said I've not given a statement but they want his version of events to see if it needs to go to cps
Can they do this even though I said I don't want to press charges and there's no statement?

Yes in a word. You called the police over this incident. .

I acknowledge the fact I called them but as far as I'm concerned the matter was dealt with on the day and I told them I didn't want to press charges which they accepted.
Surely my wishes would get taken into consideration as if this goes any further it would stress etc. As the victim I feel I'm being bullied into doing something I don't want to do

In our country the police not the victim decide whether to charge. Where the incident is domestic in nature, like this, the police may decide to proceed with a victimless prosecution. You do not have to have any part of it but our system is very clear that if it is believed a crime has been committed and there is evidence to support the belief, then the matter may be prosecuted. Normally the evidence given by the victim is such a major part or the case that there will often be deemed to not be enough evidence without it, bit not necessarily. The policy around domestics is with safeguarding in mind as so many abuse victims will be too scared to engage with police but this does not mean the perpetrator should not face justice for his crimes.

I've not given a statement though. I've refused. I just want to carry on with my life and feel that this will drag up old feeling etc

Nonetheless, it is up to the police whether or not to proceed. If the police are happy that they have enough evidence they can proceed without you, regardless of the fact you haven't given a statement.

Surely without a statement there is no proof? I'm struggling with the fact that they could prosecute even if it's detrimental to myself and my family. I'll never report a crime again. I've lost trust in the police

The problem here is that the police don't have the option of deciding if criminal behaviour is 'optional ' to prosecute. Thank goodness.
Regardless of your change of heart, the facts are the facts , as you have admitted yourself.

he assaulted me and ran off with my phone.

He has committed a crime. You reported it,therefore officers have your report and any other evidence required. (Photograph of injuries, police notes attending the scene, admission from perpetrator etc if these are available). Your statement does make it easier to prosecute this crime but as its not at all unusual for victim of DV to do as you are doing, the police are quite likely/able to prosecute and secure a conviction. Otherwise DV would rarely get prosecuted.

The issue here is why you would allow someone to assault you and NOT be prosecuted. ? I would look at the freedom programme and try and work out why you are angry with the police who are attempting to protect you and any future victims of his behaviour towards women, rather than your ex who assaulted you.

You reported a crime to the police, they are going to follow that up with a view to prosecuting the crime and, as a result, you've lost faith in the police? Really?

The police are doing the right thing. You should just tell them the truth. If he has behaved badly then he should be punished. He needs to take consequences for his behaviour.

With crimes like this the police can try to press charges anyway. It is unlikely to go anywhere if he denies it and there is no proof - but I must say that you should not be defending this man. He is dangerous.

The advice you've been given so far is correct. It's for the police to decide whether to pursue a prosecution and the CPS to advise on charge. Here's how it will play out. He attends an interview. A) He says nothing, no comment to EVERY question and that is probably the end of it. B) He answers questions and makes admissions and is given a caution (if no relevant previous convictions). If after interview the CPS say charge it will go to court. He pleads not guilty. There is NO prospect of him being convicted if you do not give a statement. The case will likely be dropped at some point before trial. If he takes legal advice he will be advised to say nothing in interview/plead not guilty if it goes to court.

I should add that if there is any "independent" evidence, photographs of injuries, damage to your phone etc this can be used even without a statement from you