Will Kelly Brooks be prosecuted for assault?

Will Kelly Brooks be prosecuted for assault?

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Photo from the Telegraph

Oo, what’s she done? I haven’t read the Metro today.

Nothing. At least, not recently. She got in a bit of hot water on 8th September 2014 (probably, we’re just going off the newspaper reports and didn’t actually catch it) following an interview with the not-very-much-like-police duo of Holly Willoughby and Phillip Schofield on every student’s favourite show ‘This Morning’.

 

Did she rugby tackle Phillip Schofield? I’d have paid to see that again?

What, like Fruitbat? No, sadly. She confessed to various assaults, live on camera.

 

Go on …

Well, it seems that she indicated that she had, on occasions, attacked her (then current, now ex) partners. Apparently, after one (Danny Cirpriani) gave his number to a stripper in a club, she “headed back toward the table I saw Danny walking towards me. ‘Babe’ he said, ‘I’ve been looking for you’. I punched him straight in the face.”

There were several other incidents with him and another (Jason Statham), with the reason generally being because they had ‘misbehaved’.

 

Was this a sort of ‘confessional’ piece?

No, that was what got her in trouble. Various people objected to the fact that, rather than seeking contrition, she found it fairly amusing, laughing about it with Holly and Phil.

 

Are her exes pressing charges?

Well, it doesn’t really work like that – it’s not up to them and the police can take action whether or not someone makes a complaint.

Obviously, without a complaint, there’s not much that they can do in a case like this. Detail are scant and the police would not generally bother with something that is (in the scheme of things) fairly low level violence (no indication of any injury).

If Ms Brooks were to be interviewed and go ‘no comment’, then there’s no evidence of her involvement in any offending. Even if she did admit it, it would hardly seem to be in the public interest to prosecute.

There is a further problem – in the absences of any evidence of injury, the charge would be for Common Assault.

This is summary only (meaning that it can only be tried in the magistrates’ court). There is an effective ‘statute of limitations’ on this offence – the prosecution for such an offence can only be started less than six months from it being committed.

 

So, what you are saying is no. She won’t be prosecuted?

Yes.

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Dan is a barrister at 2 Dr. Johnson’s Buildings practising in crime.

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