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Section 4 Public Order Charge.
3 Answers
Hello, I'm in court soon for section 4 Public Order, but it's likely the CPS will reject my guilty plea, even though it is they who reduced it from assault, since the Police couldn't decide what to charge me with. The Victim has also decided not to press the matter any further, but the CPS already had the case passed to them and they are continuing with it.
Basically 1 witnesses states that I hit the victim with a pool cue.. and the other with an umbrella.
1 States I that I then punched him in the face 10-15 times. The other didn't mention any punching.
The victim states that I was trying and attempting to hit him, and only managed to punch him in the back of the head area. And had a tiny bruise there, and a cut finger.
The CCTV shows me doing nether of the above, and only pushing the guy, spitting, and trying to trip him over.
1 witness who is a friend of the victim spoke to the victim before he was questioned by the police. The over witness statement was taken 21 days after the incident.
I have one previous conviction from 10 years ago for criminal damage, for which I got a 6month conditional discharge.
Basically I'm I going to prison? I'm going to plead guilty either way, since if the CCTV evidence is being ignored there's nothing I can do. I wasn't questioned in my interview about hit anyone with a pool cue. The officer questioning says he didn't see me doing that, hence no questions about it.
So soap or what?
Ps. I'm in the UK.
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For more on marking an answer as the "Best Answer", please visit our FAQ.It all sounds abit chaotic. I would say no soap. I have some experience in this area from past employment. Obviously I only know what you have told me. Be careful though, the next time could be it. Pleading guilty is definitely the way to go. Shows you are taking some responsibility for actions. That is good in court. Good luck and be a good boy now. I expect your mum loves you.
Your previous convictions are a long time ago and not relevant to this offence. Offences under section 4 vary in seriousness and the maximum sentence is 6 months in prison and/or a fine. On a plea for intentionally causing fear or provocation of violence under Section 4 of the Public Order Act 1986 a community order with unpaid work is most likely. Depending on any aggravating features a weapon (snooker cue) used etc against any mitigating factors such as early plea (1/3 credit) etc you�re probably still looking at non-custodial sentence. Have a look at http://www.thelawpages.com and see the sentences other people received in similar circumstances.