Donate SIGN UP

Need Help Please!

Avatar Image
beck07 | 00:38 Tue 11th Sep 2007 | Criminal
9 Answers
Im in court soon for causing alarm/ distress and harrasment to some people ( basically a argument with a shop keeper and i shouted at 2customers who got involed). i havent got a criminal record and am worried about what punishmnet i will get, does any one know??
Gravatar

Answers

1 to 9 of 9rss feed

Best Answer

No best answer has yet been selected by beck07. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Do you know with what offence you have been charged?

There are two offences under the Public Order Act which may fit the bill. Section 5 offences are generally entitled �Public Disorder�. The more serious Section 4A offences are shown as �Disorderly Behaviour with intent to cause Harassment, Alarm or Distress�.

The less serious attracts a maximum penalty of a fine of �1,000. Alternatively (and only very rarely) a Community Rehabilitation (i.e. probation) or Curfew Order can be imposed. The magistrates� guidelines suggest a starting point of a fine of one week�s income.

The more serious carries a maximum penalty of six months imprisonment, but the guidelines suggest a starting point of a Community Penalty.

From the way you describe this incident it seems to be at the lower end of the scale of seriousness and this, coupled with your previous good record should enable their Worships to reduce their sentence from their starting point.

As with all offences, if you plead guilty at the earliest opportunity, you will receive a considerably lighter sentence.
Question Author
Thanks for your reply!
On the form i got from the police station is says i am charged with- ''Section 4A words/ behaviour to cause harrasment/ alarm/ distress. Contrary to section 4A(1) and (5) of the public order act 1986.

Question Author
Ive just noticed it also says- '' With Intent to cause ***** harrasment. alarm or distress, used threatning abusive or insulting words or behaviour or disordely behaviour, thereby causing that person or another harrasment, alarm or distress..
Im really worried whether to plead guilty or not as i dont want to go to prison! i have a 10 week old baby to look after so i am very stuck about what to do??
See the duty solicitor when you go to court. Penalty will depend upon the level of charge: a fine for disorderely behaviour, at worst a community penalty for 'with intent'. YOU WILL NOT GO TO PRISON.
Plead guilty to the lesser charge.
Question Author
Thanks for your reply's i feel much about it all now!
As suggested see the duty solicitor at court. Offer a plea to s5 - if its a busy court and a harassed prosecutor he may accept this. If he doesnt plead to the s4A By the sounds of it you will probably get a conditional discharge
Question Author
thanks you all for replying- i was in court 2day and i got a �500 fine! wot a joke!
A �500 fine on a guilty plea for a first offender is pretty steep. The magistrates must have felt that the punishment reflected the circumstances of the offence
You state "wot a joke" regarding your sentence. Do you mean the legal system in general? Do you feel harshly treated or that you got away lightly?

1 to 9 of 9rss feed

Do you know the answer?

Need Help Please!

Answer Question >>