Quizzes & Puzzles1 min ago
Violent Disorder
16 Answers
Ive recently been charged with violent disorder after events earlier in the year. I was at a football match when it all kicked off after between to groups of fans. I was captured on police camera's and a helicopter camera. I was seen launching 1 missile and touching a fence setup to seperate the fans. I have no previous convictions and am doing an electrical apprenticeship. What sort of sentence am i likely to recieve? Thanks
Answers
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Very few football-related offences end up with a custodial sentence but it does depend upon the circumstances. Throwing a single missile in an isolated incident might not be taken very seriously but taking part in a near-riot will appear far worse.That principle has actually been stated by a judge (forming a legal precedent):
"A feature of the offence is that it is not the individual conduct of one offender that is of importance but the nature of the offending as a whole"
'Violent disorder' is an 'either way' offence, meaning that it can be dealt with by a magistrates' court or referred up to the Crown court. Unless you've exercised your right to insist upon trial by jury (which seems unlikely, as I assume that you'll be pleading guilty) the usual reason for to case to be 'referred up' is because the magistrates believe that their sentencing powers will not be sufficient. (So the magistrates were of the opinion that a sentence exceeding 6 months might be required). However Crown courts frequently impose non-custodial penalties after an 'either way' offence has been 'referred up', so there's no reason to assume that a custodial sentence is inevitable.
If you've got a good barrister I still think that there's a reasonable chance that you'll be given a non-custodial sentence (or possibly a suspended prison sentence).
Many offenders don't even get to meet their barrister until a few minutes before they appear in court. You need to seek his advice well before then. You should INSIST that your solicitor arranges a 'conference' meeting, where you'll see both your solicitor and barrister together.
See also here:
http://www.cps.gov.uk...ual/violent_disorder/
Chris
"A feature of the offence is that it is not the individual conduct of one offender that is of importance but the nature of the offending as a whole"
'Violent disorder' is an 'either way' offence, meaning that it can be dealt with by a magistrates' court or referred up to the Crown court. Unless you've exercised your right to insist upon trial by jury (which seems unlikely, as I assume that you'll be pleading guilty) the usual reason for to case to be 'referred up' is because the magistrates believe that their sentencing powers will not be sufficient. (So the magistrates were of the opinion that a sentence exceeding 6 months might be required). However Crown courts frequently impose non-custodial penalties after an 'either way' offence has been 'referred up', so there's no reason to assume that a custodial sentence is inevitable.
If you've got a good barrister I still think that there's a reasonable chance that you'll be given a non-custodial sentence (or possibly a suspended prison sentence).
Many offenders don't even get to meet their barrister until a few minutes before they appear in court. You need to seek his advice well before then. You should INSIST that your solicitor arranges a 'conference' meeting, where you'll see both your solicitor and barrister together.
See also here:
http://www.cps.gov.uk...ual/violent_disorder/
Chris
Sandy's 'joke' (???) is a word play on 'fence' (as in someone who handles stolen goods).
;-)
No, I'm not a barrister but I've spent quite a bit of time studying the law and I've sat in on plenty of court cases (including doing a bit of reporting for the press).
If you're appearing separately, rather than as part of a group of offenders, it might go in your favour. The judge will see a 'repentant first-offender' rather than a 'gang of thugs' in front of him. I'm not guaranteeing that you won't be sent to prison but I still think that a really good barrister should be able to prevent you from being 'sent down'.
Chris
;-)
No, I'm not a barrister but I've spent quite a bit of time studying the law and I've sat in on plenty of court cases (including doing a bit of reporting for the press).
If you're appearing separately, rather than as part of a group of offenders, it might go in your favour. The judge will see a 'repentant first-offender' rather than a 'gang of thugs' in front of him. I'm not guaranteeing that you won't be sent to prison but I still think that a really good barrister should be able to prevent you from being 'sent down'.
Chris
cheers for the help mate was ery helpful i know my solicitors getting a barrister but im legal aid so will have to do with whatever he gets man or woman im just not gonna get my hopes up! Would be a shocker if i did go down especially after PM Cameron saying 1st offenders are more likely to re-offened after sending time in nick not that i will re-offened. It hurts my loved ones more and thats who i worry about most aswel as my career! Ive been a right plank!!!!! And i know woman can be solicitors, barristers even boxers if they choose lol and i have no problem with that.
I must, unusually, disagree with Chris.
Violent Disorder is the most serious offence of those covered by the Public Order Act, 1986. It carries a maximum of five years custody.
It is an “either way” offence (meaning it can be dealt with either by magistrates or at the Crown Court). However, here is an extract from the Magistrates’ sentencing guidelines covering the offence:
“These offences should normally be dealt with in the Crown Court. However, there may be rare cases
involving minor violence or threats of violence leading to no or minor injury, with few people involved and no weapon or missiles, in which a custodial sentence within the jurisdiction of a magistrates’ court may be appropriate.”
So magistrates may decide to retain jurisdiction (after hearing an outline of the facts from the prosecution) but their guidance suggest that normally they should send the matter to Crown Court. Even if they do decide to deal with the matter, you will see that custody is almost inevitable. The maximum sentence magistrates can award is six months.
Violent Disorder is the most serious offence of those covered by the Public Order Act, 1986. It carries a maximum of five years custody.
It is an “either way” offence (meaning it can be dealt with either by magistrates or at the Crown Court). However, here is an extract from the Magistrates’ sentencing guidelines covering the offence:
“These offences should normally be dealt with in the Crown Court. However, there may be rare cases
involving minor violence or threats of violence leading to no or minor injury, with few people involved and no weapon or missiles, in which a custodial sentence within the jurisdiction of a magistrates’ court may be appropriate.”
So magistrates may decide to retain jurisdiction (after hearing an outline of the facts from the prosecution) but their guidance suggest that normally they should send the matter to Crown Court. Even if they do decide to deal with the matter, you will see that custody is almost inevitable. The maximum sentence magistrates can award is six months.
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