Contesting Penalty Notice - Section 5 Public Order Act

[Rooinek]

Hi

Last month I received a penalty notice for �80.00 for swearing in public and giving an individual a V sign... though I don't deny doing this, I'm strongly considering contesting the fine on the grounds that I believe I was provoked into doing so...

I understand that a Summons will be issued for to attend a Magistrates Court but before I make a decision as to whether I will go ahead and contest the matter, I would be grateful if anyone could offer me some guidance on the following points:

Can I ask for the case to be transfered to my local Magistrates Court in the same way that a defendant can in a civil case when a county court claim is issued against them (I'm in Basingstoke but the fine was issued in Oxford).

I'm currently listed unemployed and claiming JSA. I'm I illegiable for legal aid and travelling expenses when I attend the hearing?

If I lose the case, what level of court costs am I likely to have to pay.

Will I get a criminal record if I lose the court case.

Any advice/feedback would be much appreciated.

Many Thanks

Michael

[mrs_overall]

If you've admitted doing it then you can't plead not guilty. If you feel you were provoked you can only put that forward as mitigating circumstances and not as a defence against the actual act.
No, you can't asked for the case to be transferred.
If you go to court, plead not guilty and are then found guilty, you penalty will probably be higher than the original �80 and you may have costs to pay as well. I don't know what the costs would be and I can't advise you on legal aid. You could find this out from the Citizens Advice Bureau.
I honestly think you'd be better off paying the fixed penalty.

[seatrout]

You can refuse the FPN and go to court. The fact that you have signed the FPN will not stop you from pleading not guilty but the prosecutor will adduce the notice in evidence against you.

The courts do have the power to transfer cases to other courts but will not do this for your benefit. If the prosecution witnesses are local to Oxford then the case will stay with that court.

You will not be entitled to legal aid - the case is not serious enough. You will not even be entitled to help from the duty solicitor at court.

If convicted you will be fined at least the equivalent of the FPN and probably more. You will be required to pay the prosecution costs which are likely to be in the region of �300

[Rooinek]

Hi Thanks for the answers so far... Is it feasible to make a "without prejudice" offer to settle a proportion of the fine in order to settle the matter without going to court? What I'm particularily concerned about is whether or not I will get a criminal record if I lose my case, all for swearing at someone who was harranguing me in the street....!

[seatrout]

Sorry but this is not a situation where you can bargain with the Police. You either pay the fixed penalty in full OR you go to court. If you lose the case you will have a criminal record

[pravstar]

Hi Michael,

I went to court over a matter I have just updated under civil law.

1- £80 Fine is a non recordable offence, and the lowest level of punishment.
2 - Provoked or not provoked, if you lose the case, you will end up with a criminal record, if you are fined, that too will show up and I would guess between £150 - £200.

In your case I would accept a Fine , just like a speeding ticket. No future employer would care, if I was in that position I would try and resolve this before court.

[Misha33]

Pravstar, can you please explain how a matter under civil law could end in a criminal record? That makes no sense.