Public Order Setion 4

[limewire]

hey there i was the victim of a public order section 4 and my mate was there at the time, the guy basically threatened to kill us and have us beaten up etc (since then we were both actually assaulted and the person who assaulted us was arrested and admitted to everything and we are awaiting judgement on his punishment atm.) i was wondering if anyone could possibly tell me what the most likely outcome of this will be, the guy has got a substantial criminal record and mostly violent crimes too( most people in his family have criminal convictions too), he is also known for drug crimes aswell. Thanks

[Peter Pedant]

Limey there are people here better than me.

Not an awful lot - looks like:
Racially/religiously aggravated section 4 is an either way offence, with the maximum penalty on indictment being two years imprisonment or a fine or both. The maximum penalty on summary conviction is 6 months' imprisonment or a fine not exceeding the statutory maximum, or both.

So in your case the max is 6 mo and it seems likely that they will just send him to bed early, or extra detenttion learning French vocab

[ToraToraTora]

He'll be let off basically with a slapped wrist.

[Peter Pedant]

yeah... and that

[FredPuli43]

A Section 4 offence can only be tried in the magistrates' court, maximum penalty 6 months and/ or a fine. If the man has a bad record for offences of violence, it looks like jail will be the outcome. The s4 offence does not include any element of assault; it is confined here to threatening, abusive or insulting words or behaviour intending to cause fear of violence to someone or to provoke violence

[The racially aggravated version of section 4 is under section 31 of the Crime and Disorder Act, a separate offence and the maximum sentence in the Crown Court for that is indeed 2 years' jail].

[limewire]

Ah ok, The assault's were committed by a separate party of which did admit to everything. The guy that committed the public order was actually warned one day before to leave me and my friend alone as he had started before, when he was taken to court he pleaded not guilty and during the time between then and the court case he has actually committed breach of bail but i made that aware to the police and they said oh that's hard to prove etc... But his bail conditions were changed in another day in court of which the trial was adjourned and rescheduled due to lack of time.

[EDDIE51]

As Fred says it depends on if there was a racial element in the offence. If there was it is more serious and jail is a real possibility , otherwise it is a small fine or short community service.

[limewire]

I see thanks so far guys, and yes Fred he has got a bad criminal record and today i have actually made a complaint for intimidation, the guy basically was smoking weed and when i walked past he stood in my way and purposely blew his smoke in my face (disgusting) is there anything i could possibly do for the him smoking weed aswell?

[EDDIE51]

If you know his address , report him as a drug dealer by using
'Crimestoppers' web site. You can make an anonymous complaint no one can find out who made the complaint.

[Peter Pedant]

we have a lot of droogz in Manchester and honestly I would go drinking somewhere where these people arent.

and as for yooung men with spliffs dangling from their lips blowing weed over me, I clench my buttocks and try to get as far aways from them - along with my dog - as fast as possible. Sorry to be so wet about this