Can father be prosecuted for hitting child if the mark has faded

[Peanut2525]

Child hit by father but mark has faded and she didn’t take a photo.
can he be prosecuted
there were witnesses

Why would you think not? It was assault and there were witnesses.

Just because no evidence

Thank you for your reply

Hopefully the witnesses have already contacted police?

Is the child ok? Possibly contact school to let them know as can imagine behaviour might be a bit off after this. Awful for them, how old are they? Old enough to legally say no more contact?

Witness is 11

I’m waiting to hear if police are taking it further

There were witnesses so it should go further.

On the face of it, probably not. The CPS will need to be sure that they will secure a conviction if it goes to trial.

The standard for criminal prosecution in England and Wales is beyond reasonable doubt. S.58 of the Children Act 2004 states that smacking is illegal unless it constitutes “reasonable punishment” of the child. A smack that causes reddening of the skin is, technically, illegal, but it will be one word against the other due to the mark fading and there being no evidence of it having happened.

In this instance, it’s not likely to proceed.

Is child 11 too?

Father will be asked to attend a voluntary interview
From that interview police will decide whether to charge, bail, bring no charges at that time or no further action
Hitting a person and leaving a mark would come under assault with actual bodily harm.
If they release after interview then it's up to the CPS whether they take it to court
It's highly likely as the person assaulted is a child, then expect to be contacted by social services. If you're the other parent then they would likely suggest suspending contact if it's seperated parents or that your husband goes and stays elsewhere whilst it's investigated. They will want to see that you are safeguarding the child (if you are the other parent)

No. 14. There is child arrangement order

The father wants full custody

Who are you in this scenario ?

Mother

Are you her mother? And the 11 year old is her sibling? And why is her father seeking full custody?

Because we have broken order by stopping contact

Okay, so this complicates things.

So did he hit her?

Yes. Well he pinned her down and created red marks on her arms

Well, he certainly wouldn't achieve full 'custody' (though it's called a child arrangement order now) in that scenario unless he has sufficient proof of neglect from the other parent (you?)
When did this incident occur? Are you already in court proceedings for the child arrangement order?
14 isn't a young child, the police would proceed as outlined above and will probably wish to have at least a recorded conversation with each child.

So you’ve already changed your story.

I think that the court might look down on things like this…

But he does hit her

hmm it’s obv complicated

I don’t think it is.