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Behaviour fear and unlawful violence
My boyfriend and 3 other were arrested for "behaviour fear and unlawful violence" . Firstly is ther such a thing or does this come under the Public disorder act?
He got released after a night in the cells and given a court date in 2 weeks time, but could anyone give me an idea of what he might get? It is his first offence.
Plus should he get help or just turn up at court
Be very greatful for help :-)
He got released after a night in the cells and given a court date in 2 weeks time, but could anyone give me an idea of what he might get? It is his first offence.
Plus should he get help or just turn up at court
Be very greatful for help :-)
Answers
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The Public Order Act (1986) deals with fear of unlawful violence etc.
What was he actually charged with (he should have a charge sheet with date of court appearance and the section of the offence charged with).
Unfortunately you are going to have to explain the circumstances leading upto his arrest and his involvement in the incident for advice. Also did he has a solicitor at the police station?.
What was he actually charged with (he should have a charge sheet with date of court appearance and the section of the offence charged with).
Unfortunately you are going to have to explain the circumstances leading upto his arrest and his involvement in the incident for advice. Also did he has a solicitor at the police station?.
Sorry I have more details now. On his charge sheet it says Section 4. Only him and his friend were interviewed plus the 1 other man involved in fight. He said that the other man was the first one to start, he pushed his friend first.
A solicitor was at police stationa and there when he had his interview. Do we need to contact this solicitor
A solicitor was at police stationa and there when he had his interview. Do we need to contact this solicitor
Ok so if i understand correctly, someone pushed your partners friend, so your partner threatened this male (or was it more). All were arrested and later charged with Sec 4 Public Order. (to be 'charged' with a criminal offence there has to be sufficient admissible evidence for a prosecution to likely to succeed in a conviction).
His solicitor should be advising him accordingly and whether to enter a guilty plea at his first court appearance (there is discount in sentencing for early guilty plea's). This offence is whats known as a 'summary' only offence and will be heard at the Magistrates court (as opposed to the Crown Court) where the maximum sentence is six months in prison and / or a fine. It is more common in this day and age for first time offenders to be sentenced to a Community Punishment Order (formely known as Community Service) along with a fine which is dependant on the defendants earnings. However, if found guilty the courts will assess all the aggravating features, such as being drunk, any weapons, the vulnerability of any victims etc. The court also considers any mitigating circumstances i.e. the defendant thought he was acting in self-defence.
Your partner should direct all queries at the solicitor, who would have heard all the facts of the case etc and will be aware of current sentencing trends in your court area's.
His solicitor should be advising him accordingly and whether to enter a guilty plea at his first court appearance (there is discount in sentencing for early guilty plea's). This offence is whats known as a 'summary' only offence and will be heard at the Magistrates court (as opposed to the Crown Court) where the maximum sentence is six months in prison and / or a fine. It is more common in this day and age for first time offenders to be sentenced to a Community Punishment Order (formely known as Community Service) along with a fine which is dependant on the defendants earnings. However, if found guilty the courts will assess all the aggravating features, such as being drunk, any weapons, the vulnerability of any victims etc. The court also considers any mitigating circumstances i.e. the defendant thought he was acting in self-defence.
Your partner should direct all queries at the solicitor, who would have heard all the facts of the case etc and will be aware of current sentencing trends in your court area's.
No the stranger started on my boyfriends friend, but then they (boyfriends friend and stranger) started fighthing first, they through the first punch. Then my bf only stepped in as friend was on floor, he tried pulling stranger of friend ad has openly admitted that he kick a couple of times as well as pull only cos on top of friend.
No one was hurt during fight, no one was drinking, no one had weapons, and they were on their way to football outside pub so werent going out to fight.
My boyfriend was released after questioning but his friend kept in and had to go court straight away today, which seems like if my boyfriend was a threat or the trouble maker would of kept him in to!!! Or am I just getting my hopes up?
No one was hurt during fight, no one was drinking, no one had weapons, and they were on their way to football outside pub so werent going out to fight.
My boyfriend was released after questioning but his friend kept in and had to go court straight away today, which seems like if my boyfriend was a threat or the trouble maker would of kept him in to!!! Or am I just getting my hopes up?
Your partner has been charged with Sec 4 POA, and will attend court in 2 weeks. Has the solicitor not yet advised on whether to plead guilty or not guilty? The inference from your disclosures is that your pertner was trying to defend his friend, However, there is a mention of a 'couple of kicks' can he justify this???
Thanks for help.dh001 His solicitor said plead not quilty!!! So fingers crossed and i will hope for the best
Yeah and I know he is my boyfriend and he may not be telling me the whole truth, so this is why I'm trying to be level headed about it all, still very, very dissapointed with him.
So to be honest his friend might of been looking for this guy, or started the fight or already be in trouble.
thanks anyway :-)
Yeah and I know he is my boyfriend and he may not be telling me the whole truth, so this is why I'm trying to be level headed about it all, still very, very dissapointed with him.
So to be honest his friend might of been looking for this guy, or started the fight or already be in trouble.
thanks anyway :-)
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