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Lewis Burton looks glum after Caroline Flack’s arrest as star steps down from Love Island


Despite Caroline Flack being charged for assault by beating, it’s been claimed that Lewis Burton does not want to press charges against her.

Speaking on his Instagram Stories he said: ‘I’m tired of the lies and abuse aimed at my girlfriend. This is not a witch hunt this is someone’s life.’

Lewis, who broke his silence over the weekend with a loved-up Instagram post of him and the presenter, added: ‘Caroline is the most lovely girl. Loyal and kind. She doesn’t deserve any of this.’

All of which prompts the question – can someone still be found guilty of assault if the victim doesn’t want to press charges against them?

Well, the decision whether or not to drop charges actually rests with the police or the Crown Prosecution Service rather than with the victim.

Although they could be influenced by the victim not wanting to take the case forwards, they may do so anyway if they think it’s in the public interest.

Lewis Burton has said he does not want to press charges against Caroline (Picture: Instagram)

The police or the CPS can drop charges if there isn’t enough credible evidence to secure a conviction, or if a witness withdraws their statement.

However if a witness admits they have been lying then that in itself could land them in trouble for perverting the course of justice – or if they simply withdraw their support the police might examine their reasons for doing so.

Joshua Kern, barrister at 9 Bedford Row, told Metro.co.uk: ‘The answer is yes. Ultimately, like in any case, it will be down to the jury or magistrates to decide whether the prosecution have made them sure of guilt. If, for example, the incident is captured on CCTV, even if the complainant doesn’t give an account there may be sufficient evidence to sustain a conviction. Similarly if a defendant confesses.

‘But, clearly, if the complainant doesn’t support the prosecution, and in the absence of other evidence which is capable of making a jury or a magistrate sure of guilt, that would jeopardise the prospects of conviction which may in turn impact on whether the CPS decides to proceed.

‘Equally, if the complainant isn’t supporting a prosecution there may be public interest reasons for the prosecution not to proceed. On the other hand, the CPS might consider that despite the lack of support from the complainant it is nevertheless in the public interest to pursue the prosecution if there is a reasonable prospect of conviction.’





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