Help

[Tr1dent]

Was out on the weekend, was coming out of the club at closing time, my head has a blank spot for 20 mins, in that 20 mins there was a big brawl, bust my lip, bruises everywhere, body aches, feels like i have had a big kick in! black eye coming on, but for all i know i could be the one to of prevoked it or not, not a clue and not of my friends can remember who threw the first punch ( if i did throw one ), the cctv of the local council outside got the end of the brawl and called the police, they arvived and on the police officers statement she has said she turned up and saw me throw a punch, but on the CCTV when she turned up i was just stood around and took two blows one from a women and one from a man, with this i got locked up for section 4, they are looking for more evidence, but what is the likely outcome and punishment?

also, why was i the only one arrested and being on bale when there were plenty others involved! thanks.

[tamborine]

maybe you were jailed for your safety as you were drunk.

Can you get a copy of the cctv for your defence and pass to a solicitor. You might need to sue for ABH.

[Tr1dent]

the CCTV shows the last bit off the brawl, which is were i get smacked twice and the police women storms in, i'am on bail till August and when i go back the same duty solicitor will be with me, there looking for more evidence, she did say me the reason police officers try and get people for Act 4 is because its the easiest to prosecute which is good for there own numbers, and to VHG, maybe the blank is because i was knocked out, who knows? i've had a banging head since it happened! and a black eye.

[EDDIE51]

As you have no memory of it you have no defence if you are charged so you can only plead guilty.
Sec 4 is a max 6 month sentence so you are very unlikely to go to jail, remember you get 1/3rd off the sentence for a guilty plea .

[Orderlimit]

The arrest for Sec 4 Public Order Act, was appropriate to detain you for suspected involvement in an offence and defuse the situation etc but may or may not be the offence charged with, if any. (other offences to be considered would include assault, Public Order, Drunk and Disorderly etc).

The police will have to conduct further enquiries (identify any witnesses, search for other CCTV footage etc) to see if they can prove or disprove your involvement, hence being released on bail, so it is a waiting game i'm afraid.

[Orderlimit]

4 Fear or provocation of violence.

(1) A person is guilty of an offence if he—

(a)causes towards another person threatening, abusive or insulting words or behaviour, or

(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.


Here is the main part of Sec 4 POA, notice the word 'or' placed in the definition and how simply it could fit most disorders in a public place.

Here is subsection (4) of the act
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

(I believe a level 5 fine is £5000)

[Tr1dent]

well from what they have at the moment, CCTV showing me getting smacked, and the police womens statement stating she saw me smacking someone which conflict each other, what do you think the outcome will be if no more evidence is found?

[Canary42]

Given that the CCTv evidence contradicts hers, they may not proceed on that evidence alone because although police evidence is often regarded as sacrosanct, from the info you provide re the TV content I would think that a good defence counsel could tear it to pieces. You can jUst hope they don't recruit any other "witnesses".

[tamborine]

Answer 'no comment' to ALL police questions and let CPS try & build a case. you dont want a criminal record for something your unsure about

[tamborine]

get your head xray, you may have a fracture

[Tr1dent]

had a constant headache since getting my head stamped on, i never mentioned that in the interview as i had forgotten it but have remember abit more since then! i don't want to press charges on anyone i just want to get the whole thing over and done with, but while im on bail, if they find more evidence can they re-arrest me or will they wait till i go back to answer my bail? also in my interview i said peoples names who could be a whiteness, since its happened i've found someone who is a whiteness i never mentioned on my bail if needs be can i give her name or is it to late? thanks.

[EDDIE51]

As you say that the CCTV only caught the tail end of the incident , you could have hit someone before the CCTV picked it up, so it can't be said that the police womans evidence contradicts the CCTV .
You can't do much now untill you go back to court , but I strongly advise you to get in contact with your solicitor and tell them all the new information. This will allow the solicitor to be ready to put your side of the case.
You will not go to jail for this no matter what happens,sec 4 has a maximum sentence of 6 months and your case is not that serious. A small fine or short community service are more likely .