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charged with section 4 any advice??

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Old Oct 4, 2009 | 04:59 PM
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From: stoke-on-trent
Post charged with section 4 any advice??

was arrested on Friday night with two other lads (who i don't know but were in are group), the incident involved a group of around 12 of us out for a birthday night out. the night was coming to a end, when football chants were started, me included, i was then asked by a inspector to move along, which i stared to do, then as i turn around i see up to 3 officer's on one of the lads from are group. instead of using my head and walking the other direction, i go and have my pennies worth by telling the officers(not swearing though), how ridiculous it is and how many of you does it take! i was then interviewed yesterday, and gave my version of events, i also found out at this point the lad on the floor, had put the inspector in a headlock and had assaulted two other officers!!(clown). spoke to a solicitor and he said he i should of really been dealt with a caution, but because of the action of the other two lads, that's why i had been charged, i am due in court in two weeks and iam bricking it. i have also got go a drink course as part of my bail. the only other thing i have been done for was a public order section 5 and got a £80 ticket, and a night in the cells. just want to know if anyone has a rough idea of similar cases??
cheers in advance.
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Old Oct 4, 2009 | 05:53 PM
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anyone?
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Old Oct 4, 2009 | 05:59 PM
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wouldnt worry to much mate you said you never done anything physical to the police its only verbal

id say another fine comming your way
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Old Oct 4, 2009 | 06:08 PM
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I guess if it goes to court the officers won't have enough for a conviction and you should plead not guilty and get a lawyer. I would appeal against the ticket if you can. Did you pay the £80?

Charlie
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Old Oct 4, 2009 | 06:17 PM
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no the section5 was from a while ago. cheers for the replies
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Old Oct 4, 2009 | 06:33 PM
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bad shit m8, where were you arrested? im from stoke just interested...
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Old Oct 4, 2009 | 07:26 PM
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the sec 5 was most likely the reason why they charged you with the 4 this time, you have previously had a smack on the wrists with the £80 fine "warning"and now your in for a similar offence they have taken a tougher stance.. sorry dude just the way it is nowadays!!
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Old Oct 4, 2009 | 08:13 PM
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They hand these out like smarties, I have over 30, chill out, not the end of the world, nothing to worry about.
When you get to court, sorry IF, as it may be dropped first, ask for CROWN COURT, anyone is entitled for any offence to be tried in a crown court in front of a jury.
Experience shows you get a much fairer result, magistrates courts are in the coppers back pocket so to speak.
I'm getting done next month for section 172, in Crown Court where I elected, magistrates were happy they had the power to try the case, but I wasn't.
CPS have already got cold feet and offered a plea bargain.
I love it, they are pissed off that I will not divulge the name of the person who blew up the speed camera, as offence involved a car(to get us there) they are trying section 172.
tabetha
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Old Oct 4, 2009 | 11:06 PM
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Originally Posted by tabetha
They hand these out like smarties, I have over 30, chill out, not the end of the world, nothing to worry about.
When you get to court, sorry IF, as it may be dropped first, ask for CROWN COURT, anyone is entitled for any offence to be tried in a crown court in front of a jury.
Experience shows you get a much fairer result, magistrates courts are in the coppers back pocket so to speak.
I'm getting done next month for section 172, in Crown Court where I elected, magistrates were happy they had the power to try the case, but I wasn't.
CPS have already got cold feet and offered a plea bargain.
I love it, they are pissed off that I will not divulge the name of the person who blew up the speed camera, as offence involved a car(to get us there) they are trying section 172.
tabetha
Total and utter rubbish. For the following reasons:

1. 30 or more? I guess you're referring to tickets that have been issued in which case I seriously doubt it. Tickets aren't issued as and when....

2. There is no right for a person to ask for any offence to heard at crown court. That only happens with either way offences, which S4 POA is not. (It's a summary offence, triable only in a magistrates court - some offences are classed as indictable, meaning they have to be tried in crown court).

3. Magistrates courts are not in "coppers back pockets" as you put it. Crown court appearances are more preferable to officers than magistrates courts, as there is a significant difference in the way the courts are conducted.

4. It is impossible for you to be tried at Crown court, solely for an offence under s172 RTA. The maximum sentence is a £1000 fine and six penalty points. It is a summary offence, triable only in the magistrates court.

For the OP, the only advice to provide you with, is that it's upon your shoulders to decide whether you need legal advice. If you've been charged then the CPS have already made their decision and will aim to prosecute you......
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Old Oct 5, 2009 | 12:01 AM
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Totally agreed on the election of crown court, only possible on an each way offence or because the magistrates decide not to try you, you cant just opt for it willy nilly on any old offence.
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Old Oct 6, 2009 | 04:13 PM
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Originally Posted by Rich_bloor
bad shit m8, where were you arrested? im from stoke just interested...
hanley it was fella!! takes the piss!!
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Old Oct 6, 2009 | 04:57 PM
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Fine and conditional discharge.

Elwood thanks for posting that, saved me correcting tabetha

For you to be appearing at crown court you must of been charged with something else far more serious than s.172.

Last edited by timrud; Oct 6, 2009 at 04:59 PM.
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