Section 5 Public Order Act

[Liverpool2]

I was wondering if someone could help? I am due in court next week charged with Section 5(1) and (6) of the public order act. I swore at a paramedic! I am deeply ashamed about this. Unfortunately I had a caution for section 5 public order (being drunk) 18-24 months ago! I am terrified what the outcome will be next week? I have heard the maximum punishment is a level c fine! Is there any chance being my second offence I could get a custodial sentence? Excuse me for asking but appreciate some help!

[Davemano]

Scroll down to Stephen2273 and digest sound advice by New Judge.

[Liverpool2]

thank you Davemano. Terrified here buddy

[Liverpool2]

is the New Judge 100% certain on his post?

[New Judge]

Yes, was then and still am now 100%.

Sentencing guidelines here:

http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

Page 79 (of the .pdf file, page 88 of the actual document)

[Liverpool2]

New Judge thank you very much indeed! Thank you Sir

[Liverpool2]

I was panicking as I swore at a paramedic New Judge and I have had a caution for a public order offence before! I was wondering if these levels etc and no custodial still stand for previous caution in the police station. Just very worried

[New Judge]

It does not matter what aggravating features there are or whether you have cautions or previous convictions. The maximum penalty for a Section 5 offence is a fine only (max £1,000). Neither custody nor a Community Order is available.

[Liverpool2]

Thank You New Judge :-). Do you come from a law back ground excuse my naivity?

[New Judge]

I couldn't possibly comment !

However, as you can see, all this stuff is available for all to see (if you know where to look, that is).

[Liverpool2]

Thank you new judge you really have put my mind to rest. I have spoken to a solicitor and she said there is no way you can get a custodial. Thank you ever so much :-)