Timberwolf (timberwolfoz) wrote in little_details,
Timberwolf
timberwolfoz
little_details

UK: Police procedure for a suspect of assault and battery?

Googled: police procedure assualt defendant uk, PACE code C, as well as checking the Ask the Police and the Thames Valley Police websites and back entries of this comm

Setting: Oxford and Cheltenham, UK, present day

OK, I've been hunting around the above, but what I've found is to do with either the victim or assuming the defendant has already been arrested. Which is not as far as I've got. I seem to be at the stage where I just have to ask someone, and I'm hoping you all can help.

The situation: the suspect is, well, suspected of committing assualt and battery upon a young woman. Due to her being attacked in the dark area of the street, she's not certain about a visual identification, but the probability is it's this particular man. However, she fought back and as well as giving him a good kicking, she gashed him across the face with her car/house keys, so there's likely to be DNA evidence involved.

The assualt took place in Cheltenham, but the defendant lives in Oxford. Also, the victim's older brother is with the Oxfordshire/Thames Valley CID and was present at the interview of the victim, although not taking an active role in the questioning.

The defendant has agreed to be interviewed at the station on suspicion, although it's not a case of "I dunnit, guv, I'll come quietly." The expected line he'll take is to say "You can't prove I was thare and I took a punch in a rugby game.

The interview will be conducted by the senior of the pair, the Detective Inspector: the victim's brother will be standing in the background and Being Tall. There is, incidentally, precedent within canon for a relative of a victim of crime to deal with a defendant; in the last season, the pair interviewed a conman who turned out to have killed the Detective Inspector's wife in a hit-and-run, although the majority of the case and the interview was handled by the Detective Sergeant.

So, what I need to know is:

1) Would the interview of the suspect be handled by the Thames Valley *cough* Oxfordshire Police or the Gloucestershire Police? For what it's worth, the DI with the Gloucestershire Police was a uniformed officer with Thames Valley and worked under our DI when he was DS, and because of his respect for the officer and his personality isn't likely to get into a territorial dispute. Unless it really is against procedure and his Superintendent starts breathing down his neck.

2) After the interview, given that the defendant is holding to the line of I-wasn't-there-and-you-can't-prove-I-was and the DNA results won't be back for a few days, would he be charged, held on suspicion, or released with a caution not to leave Oxford? There is at least one other likely suspect, or it could be a random stranger -- as I said, the victim is aware that her visual identification isn't likely to hold up in court.

Thanks in advance for any help, suggestions, etc.
Tags: uk: government: law enforcement, ~forensics (misc)
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