Arrested for Assault: Does Witness Description Count?

When police are called to deal with an incident, such as an allegation of assault, they will speak to the complainant and other people at the scene who will assist them in determining what happened and who – if anyone - is likely to have committed a crime. They don’t just take descriptions and information from the person who has been attacked, but ask numerous people. (If the victim had been unconscious, for example, the police would only have other eyewitnesses they could ask.) From the information that you have provided it sounds to me as though a man was attacked outside a venue, but that he then told the ladies on the door that it couldn’t be you because you weren’t wearing all black.

If you've been arrested following a neighbour dispute or assault allegation, you can learn more about your legal position using our free Rights on Arrest Checker.

However, the ladies who were working on the door then told the police that you were the person who attacked the man, which is why you were arrested. You do not say whether or not you have been charged with an offence, or whether you have been bailed by the police pending further enquiries.

The Strength of the Identification Evidence

The fact that the victim picked you out in an ID parade could be compelling evidence in court that you were the person who attacked him. However, there are numerous other factors to take into consideration here which you, or your lawyer, could argue in court: firstly, the written description he gave to police wasn’t anything like you (although this could be explained by the fact that he’d just been attacked and was confused and in shock.) Secondly, the victim said you weren’t the attacker while he was still at the scene because you weren’t wearing all black. Thirdly, he could have picked you out as someone he recognised from the night of the attack but in his confusion he’s put the wrong face to the person who attacked him.

Perhaps the most problematic part of your case is that the door ladies who were purely bystanders (i.e. people who weren’t involved) pointed you out as the attacker at the scene. If they have given witness statements to the police that confirm this, their accounts are likely to be quite persuasive evidence when presented in court.

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Cases Involving Identification Evidence

Although great care must be taken in a case in which identification evidence is the main part, or a very persuasive part of the prosecution’s case, it is inevitable that people make mistakes. This is why judges have to give juries warnings (called ‘directions’) when they are summing up cases.

Good luck

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Rights on Arrest Checker lets you if you or someone you know has been arrested or questioned by police, find out your rights, what to expect at the station, and what happens next. Try it now →