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Summons Under Section 4 Of Public Order Act - Help Please
Hi,
In April in the early hours of the morning, I was with a group of around 10 people.
3 men in there early-mid 20's started shouting homophobic insults across the road, we ignored these and kept walking. One of the boys then exposed himsel, again we ignored.
A little further down the road everyone broken up to get taxi's, lifts home etc. It was just me and my sister left and we went to get something to eat before walking the 15 minutes home.
As we approached the kebab shop the 3 males were In front of us. One of them recognised me and stopped his friends, my sister didnt notice and went in the kebab shop to order food.
I was having a cigarette outside and 1 of the males approached me asking for sexual favours which I obviously declined. He then made taunts of how he was going to rape me which my sister heard and basically told him to back off before things got ugly.
He told her to hit him, she ignored him and walked back in the shop. He then launched a tirade of abuse at my sister about the way she looks, the fact she is gay etc etc. he said he wouldn't hit me because I was too "pretty" but would "knock her out" this was about my sister.
I had had a few drinks so I'm not 100% sure on the conversation I had with the male however on CCTV it shows me raise my hand to him, a bus comes round the corner next and blocks the view as to wether I strike him or not, as I say I genuinely cannot remember striking him but the police are adamant I had.
Next time he smacks me with heavy force around the left side of my head, this knocks me back but didn't take me off my feet, I admit I was angry that he had struck me and I was upset by this. I tried to get at him but my sister held me back, he then struck me again (his 2 friends watching on). He struck me so hard my head flew back and consequently my head hit into my sisters face causing her lip to bust and nose to bleed.
My sister continues to hold me whilst the first male runs in circles around me whilst smacking me round the head each time he got close to me. I was fuming, naturally.
My sister eventually let go as passers by had stopped to give her tissues to stem the blood.
The 3 males walked off and I called the police. When speaking to the operator I wasn't paying much attention to the males. This is all I remember i
In April in the early hours of the morning, I was with a group of around 10 people.
3 men in there early-mid 20's started shouting homophobic insults across the road, we ignored these and kept walking. One of the boys then exposed himsel, again we ignored.
A little further down the road everyone broken up to get taxi's, lifts home etc. It was just me and my sister left and we went to get something to eat before walking the 15 minutes home.
As we approached the kebab shop the 3 males were In front of us. One of them recognised me and stopped his friends, my sister didnt notice and went in the kebab shop to order food.
I was having a cigarette outside and 1 of the males approached me asking for sexual favours which I obviously declined. He then made taunts of how he was going to rape me which my sister heard and basically told him to back off before things got ugly.
He told her to hit him, she ignored him and walked back in the shop. He then launched a tirade of abuse at my sister about the way she looks, the fact she is gay etc etc. he said he wouldn't hit me because I was too "pretty" but would "knock her out" this was about my sister.
I had had a few drinks so I'm not 100% sure on the conversation I had with the male however on CCTV it shows me raise my hand to him, a bus comes round the corner next and blocks the view as to wether I strike him or not, as I say I genuinely cannot remember striking him but the police are adamant I had.
Next time he smacks me with heavy force around the left side of my head, this knocks me back but didn't take me off my feet, I admit I was angry that he had struck me and I was upset by this. I tried to get at him but my sister held me back, he then struck me again (his 2 friends watching on). He struck me so hard my head flew back and consequently my head hit into my sisters face causing her lip to bust and nose to bleed.
My sister continues to hold me whilst the first male runs in circles around me whilst smacking me round the head each time he got close to me. I was fuming, naturally.
My sister eventually let go as passers by had stopped to give her tissues to stem the blood.
The 3 males walked off and I called the police. When speaking to the operator I wasn't paying much attention to the males. This is all I remember i
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Sorry didnt finish the question. This was all I remember up too. CCTV shows one of the males not involved in the original incident run at me from a distant and full force punch me in the face. Luckily I managed to shield my face with my right hand. My sister was then knocked to the floor and kicked, again I don't remember any of this. I know this from CCTV, I don't know why I have no memory although my doctor thinks I may have had a blackout however I did not fall to the ground. You can see my hair fly over and my head swing back on CCTV from the force of the blow.
The police arrived shortly after and stopped the males down the road. The officers spoke to us and said he had viewed the CCTV from the incident and it was evident I struck him first and that I pretty much started it. He made out I was paralytic and a public nuisance.
We were not offered to press charges, not offered to go to hospital etc etc.
the police left me and my sister at a bus stop in Romford at 3am. Not the nicest area.
We got a lift from a friend who came to collect us. By this time the pain in my right hand had kicked in from where i had shielded my face.
The next morning me and my sister visited a&e.
my hand was broken, I was in a cast for a month and am still having pains lifting heavy objects and in discomfort, there is a small crack still but my doctor assured me this will heal itself. My 4th knuckle has also dropped down and my doctor told me, this will not come back up. My sister was signed off work for 2 weeks with severe concussion from where she had been kicked on the floor.
When my dad found out about the incident, he was fuming. As any father would be the thought of his 19 year old daughter getting beaten up by 2 men wasn't very nice.
He contacted the police about the incident to know why more hadn't been done on the night, again the officer said the CCTV shows your first daughter (me) strike a male and your other daughter fell over. My dad didnt accept this and requested to watch the CCTV. A week later he went to the police station to view the CCTV.
The police officer had lied and told him we were not struck at all, it turns out the police officer went on holiday that afternoon of the incident so probably didnt want to fuss of paperwork from the incident.
My dad has made 2 formal complaints and is awaiting a response now.
Since then he was called and told I needed to go and make a statement voluntarily or the police would arrest me.
I went voluntarily and vouched for a no comment statement as my solictor advised this.
I got a court summons through today that I am being charged with section 4 of the Public Order Act
When I gave my statement the form given to my solictor suggested I had attacked the male unprovoked and he was scared so struck back.
He was in his 20's over 6 foot tall and was extremely intimating and saying he would rape me. I am 19, 5ft 2 and was petrified.
My solictor believes because my father has made official complaints the police are gunning for me to get in trouble for this. She also said because the complaints were made before I was charged, this could contribute as to why they are prosecuting me for this offence.
The outcome isn't looking good for me, and my solictor believes that I may get found guilty due to the nature of the incident and the complaints made against the officers on duty that night. I'm with the top law firm in London so I don't believe the information she is giving me is misleading however I really want a second opinion.
This is my first offence, have never been in trouble before. Can someone tell me what they think might happen?
Will I go to prison? I'm really really worried and its really getting me down
With my court date not yet set, I can't see any light at the end of the tunnel. It's affecting my work, my doctor recommended anti depressants which I refused.
Please someone advise what they think might happen.
Sorry for how long this is!!! X
The police arrived shortly after and stopped the males down the road. The officers spoke to us and said he had viewed the CCTV from the incident and it was evident I struck him first and that I pretty much started it. He made out I was paralytic and a public nuisance.
We were not offered to press charges, not offered to go to hospital etc etc.
the police left me and my sister at a bus stop in Romford at 3am. Not the nicest area.
We got a lift from a friend who came to collect us. By this time the pain in my right hand had kicked in from where i had shielded my face.
The next morning me and my sister visited a&e.
my hand was broken, I was in a cast for a month and am still having pains lifting heavy objects and in discomfort, there is a small crack still but my doctor assured me this will heal itself. My 4th knuckle has also dropped down and my doctor told me, this will not come back up. My sister was signed off work for 2 weeks with severe concussion from where she had been kicked on the floor.
When my dad found out about the incident, he was fuming. As any father would be the thought of his 19 year old daughter getting beaten up by 2 men wasn't very nice.
He contacted the police about the incident to know why more hadn't been done on the night, again the officer said the CCTV shows your first daughter (me) strike a male and your other daughter fell over. My dad didnt accept this and requested to watch the CCTV. A week later he went to the police station to view the CCTV.
The police officer had lied and told him we were not struck at all, it turns out the police officer went on holiday that afternoon of the incident so probably didnt want to fuss of paperwork from the incident.
My dad has made 2 formal complaints and is awaiting a response now.
Since then he was called and told I needed to go and make a statement voluntarily or the police would arrest me.
I went voluntarily and vouched for a no comment statement as my solictor advised this.
I got a court summons through today that I am being charged with section 4 of the Public Order Act
When I gave my statement the form given to my solictor suggested I had attacked the male unprovoked and he was scared so struck back.
He was in his 20's over 6 foot tall and was extremely intimating and saying he would rape me. I am 19, 5ft 2 and was petrified.
My solictor believes because my father has made official complaints the police are gunning for me to get in trouble for this. She also said because the complaints were made before I was charged, this could contribute as to why they are prosecuting me for this offence.
The outcome isn't looking good for me, and my solictor believes that I may get found guilty due to the nature of the incident and the complaints made against the officers on duty that night. I'm with the top law firm in London so I don't believe the information she is giving me is misleading however I really want a second opinion.
This is my first offence, have never been in trouble before. Can someone tell me what they think might happen?
Will I go to prison? I'm really really worried and its really getting me down
With my court date not yet set, I can't see any light at the end of the tunnel. It's affecting my work, my doctor recommended anti depressants which I refused.
Please someone advise what they think might happen.
Sorry for how long this is!!! X
The offence you have been charged with has a maximum sentence of 6 months in jail.
From what you say I can not see you getting anywhere near the maximum even if you are prosecuted and found guilty.
Sorry but this is too complicated to comment on here just rely on your solicitor and do as he/ she suggests. In my view this will end up being dropped with no charges being brought .
From what you say I can not see you getting anywhere near the maximum even if you are prosecuted and found guilty.
Sorry but this is too complicated to comment on here just rely on your solicitor and do as he/ she suggests. In my view this will end up being dropped with no charges being brought .
no....you will not go to prison.....but i do not necessarily understand why you are angry and upset that nothing has been done for you, but sat through an interview and said no comment all the way through. is this what happened, or did you actually explain, under caution and on tape that these men were threatening to rape and attack you? i think you need to be completely honest with the police about what happened and as eddie has said, nothing really bad will happen to you. there is also probably more cctv than just by the shop - what about earlier down the road and near the taxi rank? i think it is too early in the process to guesstimate what will happen, but you did hit someone and this is clear on cctv - you have to fess up and be honest, or the police will not keep digging for other information if you have not told them about it. good luck x
I should have also said you will not go to prison for this.
But a valuable point has been raised, you were threatened and this must be reported to the police, it makes your actions much more understandable.
Unless there is more of this that we do not know I am surprised the solicitor told you to say 'no comment'. I would have told you to say what had happened with the threats.
But a valuable point has been raised, you were threatened and this must be reported to the police, it makes your actions much more understandable.
Unless there is more of this that we do not know I am surprised the solicitor told you to say 'no comment'. I would have told you to say what had happened with the threats.
Hi Eddie, thanks for taking the time to respond, I appreciate it.
I went for a no comment interview as this is what solicitor advised, you can't hear what was said on CCTV so it looks like a normal conversation to me striking out of the blue. I have since got in touch with a new soliciting company who have now advised to try a put forward a new statement. However with the decision already made for summons, is this possible now?
No other CCTV was shown to me, this was all they had to show me. I want to put forward another statement so I can defend myself and give my account.
I went for a no comment interview as this is what solicitor advised, you can't hear what was said on CCTV so it looks like a normal conversation to me striking out of the blue. I have since got in touch with a new soliciting company who have now advised to try a put forward a new statement. However with the decision already made for summons, is this possible now?
No other CCTV was shown to me, this was all they had to show me. I want to put forward another statement so I can defend myself and give my account.
you need to get legal advice (and if you aren't happy with the advice you are paying for, then get more)
Unfortunately your story as it is is full of inconsistencies (you were fuming yet you were petrified; you were petrified yet didn't try to get away; you don't remember yet you do remember; he was intimidating, yet you decided to provoke/hit him) and is a bit incoherent. and i'm not sure you would be a good witness. it sounds from your account like you started a fight, but then are complaining you got the worst of it
Unfortunately your story as it is is full of inconsistencies (you were fuming yet you were petrified; you were petrified yet didn't try to get away; you don't remember yet you do remember; he was intimidating, yet you decided to provoke/hit him) and is a bit incoherent. and i'm not sure you would be a good witness. it sounds from your account like you started a fight, but then are complaining you got the worst of it
I didn't start the fight. I was scared yeah and was angry aswell. I admit some parts I remember and some parts I don't, I had been drinking and after being punched I don't remember anything other than what CCTV shows.
I admit and know I shouldn't have lashed out first but does that coherent being beaten up by 2 men?
Maybe looking at the bigger picture rather than being narrow minded and assuming I'm trying to get myself off trouble would help.
I admit I am wrong for lashing out but do no way aggravate being assaulted in the way I was.
I want to know the worst possible outcome from this
I admit and know I shouldn't have lashed out first but does that coherent being beaten up by 2 men?
Maybe looking at the bigger picture rather than being narrow minded and assuming I'm trying to get myself off trouble would help.
I admit I am wrong for lashing out but do no way aggravate being assaulted in the way I was.
I want to know the worst possible outcome from this
It is common for 'suspects' who give no-comment interviews to end up being prosecuted if there is admissible evidence that the accused has committed a criminal offence but this doesn't mean you are guilty as that is for the court to decide. (Contrary to belief, no-comment interviews are risky unless deployed in the very limited correct circumstances).
Anyway, your solicitor will soon receive details of all the actual evidence of the prosecution case against you and details of other information held by the police which can be requested for examination to progress your defence case and hopefully things will become clearer for you.
Anyway, your solicitor will soon receive details of all the actual evidence of the prosecution case against you and details of other information held by the police which can be requested for examination to progress your defence case and hopefully things will become clearer for you.
short answer to is it too late is yes
if the summons has been issued you have to answer it.
The important thing is: is to stick with the legal advice you or your Dad is paying for. Criminal lawyers know more about your case that we do, and this site is full of sad tales of people trying to run two horses at a time.
if the summons has been issued you have to answer it.
The important thing is: is to stick with the legal advice you or your Dad is paying for. Criminal lawyers know more about your case that we do, and this site is full of sad tales of people trying to run two horses at a time.
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