Likelihood of a GBH prosecution?

[liquoriceandblack92]

My 16 year old daughter was staying with her dad, whilst me and her stepdad were away for the weekend.
She has been hanging out in the park, drinking with a group of teenagers. A 15 year old boy stole one of her belongings, she has retaliated and pulled his hair. He told her to let go twice, and she didn't so he punched her in the face. Her jaw is broken in two places, plus another fracture. She has had surgery to put plates in her jaw, and dental surgery. She is on a liquid diet for 6 weeks. This is going to impact her GCSEs. There are several witness accounts and cctv. What is the likelihood of CPS decididng to prosecute this boy for GBH? He has been involved in fights before, but as far as we are aware he has never been prosecuted. I'm trying to prepare her for every possibility.

you really shouldn't be worrying about that right now. you should be worrying that your daughter was in a situation where her jaw was broken and that she launched at him instead of just leaving/crying/shouting/calling you or her dad. If she had been at a slightly different angle when he hit her, imagine the damage he might have caused. He could have killed her. She's probably lucky it was her jaw. The police are pushing for charges because they've had run ins with him in the past and want something they can actually use and are hoping this is it - it isn't in some kind of support for your daughter and the damage to her face. She needs therapy and to not be in that situation again not to be be made the centre of some kind of weird courtroom drama.
(ETA... in my opinion)

I can be worried about multiple things at once.
I am asking for advice about what these young people can expect, not a lecture.
I was not present, nor responsible for caring for her at the time, as she was staying with her Dad at the weekend, so a lecture about the situation is of no benefit to me. She has never been in a situation like this whilst in my care. I am however, as the resident parent, the one who is picking up the pieces, dealing with her physical and mental recovery, and now taking over all of the practical stuff such as police, CPS, school and safeguarding. Which is why I am asking for advice about the legal possibilities going forward.

What she means is the police are encouraging her to support their investigation, ie to make a formal statement and potentially commit to being a prosecution witness.

I didnt realise we had to be so prescribed with our answers. And from the legal side of things I was trying to point out that the police do not care about her, there just using her to further their own agenda. which is a big thing to take into account when thinking this through.

Why do you believe you know what the police are thinking?

Low bone density? OP didn't say anything about that. You know that people with good bone density get fractures?

Recording crime and CPS charging standards are two completely separate things.
ask them to explain that to you

Are you in England and Wales?
Has your daughter already provided a video recorded interview?

Tbh as the criminal barrister has already given advice I can’t add much more, other than I would not put my daughter through a prosecution when it was 50/50.
She has to take some responsibility for consequences based on the circumstances you have provided.

If we can take this post as being real. Look at the damage from one punch.

Ffs. he started all this by stealing her things. So he is then responsible for the shit show that followed. I’d also say that he had options: he could have shoved her away or something less violent then punching a girl in the face.

That was the point of the one punch campaign… it can do a lot of damage. physically I imagine the boy is bigger and stronger and did it with some force
i was punched once in the eye, it fractured my cheekbone and eye socket and the pain was unbelievable. I don’t have low bone density

The police should have a good idea of chance if successful prosecution,
did she ask him to give her things back before she held his hair? And if he took items she was wearing like shoes surely thats another aggravating factor. He may also have insulted her when or before or during taking her things also

People have died from one punch so how does that work then?
The puncher has been prosecuted for it, the defence of I didn’t know how much damage would be done hasn’t stopped the prosecution. Maybe as a mitigating factor but not as a defence.
I don’t think who started it counts either, your defence can’t be I killed him but I didn’t mean to and he started it therefore I am not guilty.

Obviously the punch didn’t kill her but isn’t the principal the same?

One punch may not be unreasonable but the result of that punch has to have some kind of consequences.

This is purely as a legal question, I do agree with other posters this isn’t necessarily the type of male to female violence the op is trying to warn her daughter about.

Its a pity we dont have anything like the Scottish Childrens Panels who could have dished out some intervention in this young thugs life much sooner.

It’s common to get fractures from one punch and it doesn’t indicate low bone density. The damage depends on the force of the punch and where it landed.
People have been killed by a single punch.

I believe I know what they’re thinking because I have enough experience with them too have seen this kind of thing before. I also don’t believe the police as a system are designed to “care” about individuals. I also noted op had said something about how the kid has had lots of run ins with the police but not yet seen any significant outcome from this. This is a perfect opportunity to try to crack down on someone who clearly needs it. There are people up and down this country who have been lulled into a false sense of having the police on their side/their back up, only to later find the support just drops away the moment they aren’t of use as a pawn anymore. And that is a hurtful situation to find yourself in, especially as a teenager who has suffered a broken jaw.

Not much point replying to the other people who have quoted me.

My original post stands. We don't know, it will be in the CCTV and the witness statements.

The police are giving wrong info here as your daughter has no ability to prosecute. In the UK it is the CPS who decide. The victim does not.

My thoughts exactly!. She was simply trying to get him to return her items! . I'm sure that's why the police are on her side.

The victim blaming really needs to stop.

This is not a 50:50 situation.

He stole a personal item and when she pulled his hair to get the item back he punched her face and caused a fracture. Essentially he’s committed 2 crimes - 1 theft and 1 ABH (or whatever the correct charge) whereas she - pulled his hair - not a crime anywhere.

Luckily the police are more realistic/objective.

I'm not sure about GBH as but it's definitely some form of bad assault if it broke her jaw. So definitely tell the police then you do have to leave it in their hands.

This sounds like such an unruly and dangerous environment I'd be worried for all the kids there.

Unfortunately your information is not correct.
hair pulling is also classified as an assault, albeit a common assault depending on if any reddening of his skin after.

I am going by the letter of the law in terms of offences.

CPS charging standards are very different to what is recorded and I would suggest a broken jaw with one punch would be considered a S47 assault.

I’m not victim blaming when I say I wouldn’t want my daughter going to court where she had also committed an offence, even in self defence. That’s a personal opinion that I have of youth courts and the justice system.

Interesting. However you have the right to use reasonable force to protect your property and prevent a crime.

She hasn’t committed an offence as the police not charged her and don’t appear to be planning to.