Summons Under Section 4 Of Public Order Act - Help Please

[NiamhN]

Hi,

In April in the early hours of the morning, I was with a group of around 10 people.
3 men in there early-mid 20's started shouting homophobic insults across the road, we ignored these and kept walking. One of the boys then exposed himsel, again we ignored.
A little further down the road everyone broken up to get taxi's, lifts home etc. It was just me and my sister left and we went to get something to eat before walking the 15 minutes home.
As we approached the kebab shop the 3 males were In front of us. One of them recognised me and stopped his friends, my sister didnt notice and went in the kebab shop to order food.
I was having a cigarette outside and 1 of the males approached me asking for sexual favours which I obviously declined. He then made taunts of how he was going to rape me which my sister heard and basically told him to back off before things got ugly.
He told her to hit him, she ignored him and walked back in the shop. He then launched a tirade of abuse at my sister about the way she looks, the fact she is gay etc etc. he said he wouldn't hit me because I was too "pretty" but would "knock her out" this was about my sister.
I had had a few drinks so I'm not 100% sure on the conversation I had with the male however on CCTV it shows me raise my hand to him, a bus comes round the corner next and blocks the view as to wether I strike him or not, as I say I genuinely cannot remember striking him but the police are adamant I had.
Next time he smacks me with heavy force around the left side of my head, this knocks me back but didn't take me off my feet, I admit I was angry that he had struck me and I was upset by this. I tried to get at him but my sister held me back, he then struck me again (his 2 friends watching on). He struck me so hard my head flew back and consequently my head hit into my sisters face causing her lip to bust and nose to bleed.
My sister continues to hold me whilst the first male runs in circles around me whilst smacking me round the head each time he got close to me. I was fuming, naturally.
My sister eventually let go as passers by had stopped to give her tissues to stem the blood.
The 3 males walked off and I called the police. When speaking to the operator I wasn't paying much attention to the males. This is all I remember i

[Orderlimit]

Ah right ok, well basically although a person does not have to answer any questions by police during formal interviews of their suspected involvement / liability of any offence the main implications are that it may be more difficult for a defendant to raise creditable defences at any future trial. (it is a fairly in-depth subject and further complicated when what's known as 'Special Warnings' are issued during interviews, but in your case you were advised to give a no-comment by a qualified legal bod and your solicitor will know what to do).

[NiamhN]

I was given warnings in my interview that if I came forward further down the line it could be seen as a fabricated story... Is this correct?

[Orderlimit]

Yes, most simply put that is the basic nuts of it, but in its most basic format it only relates when you (1) been asked to account for something (2) you refuse to answer (3) you later raise a defence which the courts believe you could have reasonably been expected to explain during formal interviews.

Example: Suspected burglar interviewed and asked to account where he was during relevant time and answers no-comment. Later goes to court and tells Judge that he was at his girlfriends house all night. Court can draw an inference and may not believe accused as he could have made his GF, tell the police he was with her all night. The accused later relied on a 'defence' that could have reasonably been expected to have been explained during interview at which time police could have interviewed GF, prior to accused getting to her.

Special Warning issued during interviews are only available on certain occasions, one such example is when found at or near the scene and suspect refuses to answer question to account why there, a SW is issued and further refusal to answer can result in a proper inference being drawn at court.

I wouldn't worry to much about this issue of the no-comment interview now as (1) it's already happened and (2) your solicitor will know what to do.

[Orderlimit]

I forgot to mention sorry, I am not suggesting you were given bad advice by the initial solicitor as there are numerous situations when no-comment is good advice!.

[lcg]

not in this case......

[NiamhN]

Not in this case???

[lcg]

re: orderlimit saying that staying silent in interviews. for example, if you had shoplifted and been caught, it would be advisable to keep quiet and let them prove it/prosecute you. but as you are implying their is some sort of counter-claim (i.e. you were threatened with physical and sexual violence) i can't believe any solicitor who is half decent suggesting you keep quiet. i would have denied hitting the lad first, and state i struck out in self defence and said (under caution/on tape) about their threats etc. you were advised badly and this will harm your defence strategy enormously. it will look like you are lying to justify your actions, i'm afraid.

[lcg]

p.s. were you interviewed while you were still under the influence of alcohol at the time of the offences?

[Orderlimit]

I certainly don't disagree, Icg, but it could also depend on what, if any, admissions the accused made to the solicitor etc.

And who own's this bus that keeps blocking the CCTV view at the critical point, it always happens :).

[NiamhN]

I was interviewed 2 months down the line. The police have been dragging their heels as I don't believe they acted in the best way on the night.
So I wasn't under the influence. My solictor viewed the CCTV prior to me and said that it painted me in a bad light and to go with no comment. Being a solictor I obviously went with what he had said

[Peter Pedant]

God reading this Neave,
I can see why when the Police arrive, people run away

(rather than run towards them saying thank God you are here)

[Orderlimit]

Your newly appointed legal bod will get to view all the material Niamhn, and advise you accordingly.

[NiamhN]

I was told via phone call, so was my solictor that the decision had been made to summon me to court. I haven't recieved any further communication or had a letter? Is this normal?

[Orderlimit]

Yes, it acceptable to inform relevant parties of a decision to prosecute before official paperwork is processed, and beneficial for the accused.

The actual summons itself may take a while to produce but the critical timing is for the prosecutor to have the information 'laid' before the courts within 6 months of the alleged offence.

[NiamhN]

Thank you for helping x

[EDDIE51]

I am still perplexed as to why the solicitor said to make 'no comment' , did he know about the threats to rape you before he viewed the CCTV ? The threats would have given a good reason for your attitude.

[NiamhN]

My solicitor spoke to me prior to seeing the footage but once he seen it said it put me in a bad light and to say no comment. I went with what he said as I didn't have any reason to question otherwise. He was the professional after all

[FredPuli43]

Be guided by your solicitor or his or her representative who is present during your interview. It is not necessarily the case that "no comment" is a bad policy, but when you are cautioned you are told that , if you do not say something which you rely upon in your defence later, that fact may be used against you. That's to guard against defendants inventing defences later and pretending that they had that answer all the time. To that extent, it may be unwise to say no comment. It certainly sounds a bit better if you can lay out a defence at the first opportunity, but juries understand that your lawyer may have been acting over keenly and stopped you from answering or advised you so.

[NiamhN]

Thanks for the response.

Order limit could you explain to me what happens now?
So I've been called and told its been decided by CPS to go to court and I have been summoned. Does this mean I have been charged? When will I get the court date? I'm so confused!!

I've left several messages at the police station over
The last few days for the pc to get back in touch with me about a counter statement and had no call/email back. Police again dragging there heels.

[FredPuli43]

And before anybody says anything, I am advising generally, for anyone who may read this. If the case ends up in the magistrates' court only, the same principles apply.