What offence have I commited?

[scubadog]

I wonder if any one can provide me with some guidence to theese questions.

Earlier today I got involved in an argument with an off duty officer.

It appears that I may have appeared aggressive (his words), and may have told some one else (bystander who was getting involved) to f*** off.

Now This is not normally my nature but the whole incident had me flustered with this chap flashing his badge and the bystander getting involved.

I was sober and in a public place.
On leaving the scene the the officer took a picture on his phone of me and my vehicle registration, and said that I will be hearing from him.

My questions are:
1. Is the an offence under the public order act section 4 or 5?
2. How long will I have to wait to find out if I will be hearing from him again.
3. What sort of punishment am I likley to receive? ( this is my 1st offence)

I am starting a new job and currently studying a degree so this could all be very damaging to me.

Thanks for your time.

[mandimoo]

Sorry, I have not got an answer, but your question reminded me of what happened to me once and how annoyed I was (and still am) by it. I was driving down a residential street with cars parked both sides and only wide enough for one car to travel. I was halfway up this street when a police car pulled into the street from a junction. His lights were not NOT on. I continued to drive, but the police car proceeded forward too. We met with me 3/4 down the street. The police waited for me to back up, but I was annoyed by his lack of courtesy then so I stayed put. There we sat for a minute and then the cop got out of his car and said that if I didn't move he would arrest me for obstruction. So I had to move. How rude of him.

[mandimoo]

The point I was trying to make is that I think that the power definately goes to some of their heads sometimes. And you cant stand up for yourself because they just bend the law to work in their favour and as a normal person you probably dont have exact knowledge of your rights and how to defend yourself.

I hope that this police officer was just trying to scare you. From all the moaning they do about paperwork hopefully he wont want to be bothered because its a waste of time and taxpayer money.

[madmaggot]

Give some people a uniform and they think everyone has to doff their cap's and treat them as a deity. It's a shame that the police are so used to dealing with criminals that they think everyone is one. Perhaps they should give the benefit of the doubt occaisionally?

[scubadog]

Some of these officers have serious attitude problems. Now Im not saying I wasnt wrong, as I did swear, but his attude sucked!!
He was on some power trip as he was waving his badge all over the place. It is his attitude to the situation that caused the whole scene.

[daffy654]

I'm not sure you have actually committed an offence. I'm vaguely remembering reading something on the BBC site recently that said it will be/was no longer an offence to swear at/near a policeman.

[Maydup]

But what started it all scuba?

[knowabit]

I'm sure if he were that bothered he would have arrested you there and then.... obviously just on a power trip with his shiny badge!

[EDDIE51]

Even if you do get charged (VERY unlikely in my opinion) the very worst case is a section 5 public order offence.
Section 5 of the puiblic order act is a magistrates court only offence with a fine as the maximum possible punishment.
I will be VERY surprised if you hear any more of this, a clear case of a police officer over reacting to a minor annoyance.

[scubadog]

Thanks for your replies. It is reasuring as it is kind of eating at me a bit wondering if or when i will be hearing from him again.

One person asked what started it, in short.

i was parking my car in a car park, went to reverse to straighten up. this guy was no where near me but still found his horn to let me know he was there!
I finished parking and got out of the vehicle only to find him in his car staring at me. I asked what his problem was...... and so the argument started. he flashed his badge offering to take me to his office.
Next some passer by started getting involved saying i was in the wrong.

In hindsight i may have been wrong to reverse, but hey, i was in a car park.....parking, and he was not that close to me. I shouldnt have told any one to f off and should have just appologised and left.

Lesson learnt now.

Just dont want this to interfere with my studies and career, all down to a jumped up power tripping police officer.

Thanks again for your replies.

[EDDIE51]

Just to add.
Did the off duty police officer actually take notes or get you to prove your identity ?
If not he / she is talking b*llocks no chance of a charge !
The photo has no significance it could have been just a random picture nothing to link you to the car or the incident.

[scubadog]

No he was not taking notes and did not prove my identity.

Though i suppose he does have his "independent witness".

[joko]

where was he when you reversed? passing by the top looking for a space, or parked himself...?

because you may have been 'nowhere near him' when he beeped, but maybe he thought if you continued reversing you would have hit him if he hadnt alerted you - you were presumably moving towards him.

he cant have been that far away either, if he and a bystander both felt you were wrong...can he?

i daresay his version of this - and the bystanders - would be very different - and i notice from your OP that you seem to have a problem admitting what you did and decribing the situation properly - lots of wishywashy non-committal phrases like - "it appears that i may have appeared" and "i may have told the bystander to f-off" ... you either did or you didnt...!
instead of just saying what happened, you think wording it this way makes it sound like you are less guilty - it doesnt...

so i suspect the situation was a bit more heated that you are letting on - the fact that a compete stranger felt the need to butt in, and the fact that you went over to confront him first "for staring" and said -your words - "whats your problem?" shows you were the one with the bad attitude and spoiling for a row.

his 'problem' was that you almost backed into his car and probably frightened him! - and then instead of waving a polite apology you jumped out in an agressive manner and started an argument...

from what you say, it was you that behaved badly...had he really been the one with the attitude he would have arrested you and caused you a lot of trouble...he didnt... he actually let you off with a simple warning...

i am amazed how everyone here is accusing this policeman of being a jumped up power mad jobsworth - when he didnt even do anything!
he just warned this guy - who has admitted being aggressive and threatening - to back off or he'd be in trouble...!
who knows how far you would have gone if he hadnt flashed his badge?
id have flashed my badge too if it made you go away!

i think you got off very lightly... if id have been him and youd almost hit my car then stormed over kicking off - id have had you in the cells...


that said...this won't affect your studies or job - if you have told the full truth - (ie, you didnt almost appear to may have punched him or possibly may have kicked his car...) - then arguing with a police man will not appear on a CRB or a record.

[jackthehat]

Policemen in this country carry shiny badges, now?

Was it on his hip next to his gun holster?

[EDDIE51]

jackthehat Police officers in the UK carry warrent cards that they must show if you ask. They have to carry these at all times even off duty.

[jackthehat]

Really!?!

So not much like a shiny badge, then?

[RATTER15]

I must admit I was a little confused by the badge thing!!

[EvianBaby]

In fairness Jack, he didn't say it was shiny. I might have used the term badge aswell even though it isn't actually a badge at all.

[jackthehat]

In fairness, not many people would confuse a warrant-card with any sort of badge.....

[murraymints]

It is not an offence to swear in public unless you are causing a breach of the peace or an affray...you have nowt to fret over...little upstart just showing off...watches too much NCIS.....

[Canary42]

Sounds like men behaving badly - nothing legally actionable.