SECTION 5 (1) AND (6) OFFENCE

[charlie_1234]

I was arrested yesterday for the above offence (yes I am very ashamed), and I would be so grateful if somebody could please give me some advice on what to do now and what punishment to expect when I get to court. My little brother was in my mums house (where he shouldnt have been because hes in care and lives in a care home), the police came for him at around 4am. Five of them came, 2 at the back door and 3 at the front door, the broke down the door and got in. I was distressed at seeing my 14 year old brother being taken by the police like this and so was quite abusive to the police woman who then arrested me. I was taken to the police station where I was kept until 8am. When I was released I was offered the chance to pay a fine which I declined so was told I will have to appear in court. After getting home I realised how stupid I was not accepting the fine and so rang the police station in a bid to pay the fine and not go to court, I was told this was not possible. I was in trouble 4 years ago for drunk and dissordily which I went to court for and was given community service, a fine and put on a tag. Im really worried that I will be sent to prison this time and that would be the worst possible thing that could happen to me. If anybody can help me then please do.

[venator]

get hold of the duty Solicitor?

[EDDIE51]

Section 5 is a magistrates court only offence, maximum punishment is a fine .
You are not going to prison even with 'previous'.

[charlie_1234]

Thank you so much I really appreciate you taking the time to answer my question, I have been going out of my mind with worry all day.

[Buenchico]

I'm assuming that the Sections you refer to relate to the Public Order Act 1986. (There are THOUSANDS of different laws that have Section 5 and 6 within them!).

If so you've got a statutory defence if you were actually inside the house at the time. Quote "An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling".
http://www.legislation.gov.uk/ukpga/1986/64

You should consider taking action against the police for unlawful arrest.

Chris

[charlie_1234]

Thank you Buenchico, but it was outside it was when he was being put into the police van. You seem to have a good knowledge about the law so could you please tell me what punishment I would be likely to receive at court?

[New Judge]

As Eddie has said, Section 5 Public Order Act is punishable only by way of a fine. The maximum is £1,000, but Magistrates’ sentencing guidelines suggest a fine of one week’s net income is an appropriate starting point (reduced by a third for a guilty plea). You may actually get away with a Conditional Discharge. You will also have to pay prosecution costs (usually £85 if you plead guilty, much more if you are found guilty following a trial) and a Victim Surcharge of £15.

Incidentally, I don’t know where you were when you were convicted of being Drunk & Disorderly 4 years ago. Like Section 5, the maximum penalty for D & D is a fine of up to £1,000. A Community Order (which includes a curfew monitored by electronic tag) is not available for this offence.