i am 27 years of age and have a clean recourd, i am married and have a new born child and work in the community. i was recently involved in a drunked public braw were first i am punched in the face, my freand then begins to attack one of the males who hit me wile i wrestle with the other. i then kick the male who my freand was figting in the face wile he is gettin up. at no stage do i punch any one and on the c.c.t.v. i seem to be restraining only until i kick the male in the head, there are no injurys reported by anyone and all 4 of us were charged with section 4 (1) public order, do you think by the information that i could receve a custodial sentance,
Section 4 Public Order Act offences are triable either way (either at the magistrates� court or the Crown Court).
If tried in the magistrates� court the maximum sentence is six month�s custody. Magistrates� sentencing guidelines suggest a starting point of custody for a first time offender pleading not guilty. Your previous good character and, from your description of the event, your relatively small part in the proceedings may keep you out of prison.
to ( new judge )
what are the guid lines for a first time offender with good no privius on a guilty plea. bare in mind although i had a small part to play i am seen on c.c.t.v. kicking a male in the head who sustained no injurys
Only the single guideline is provided. Magistrates depart from this guideline (upwards or downwards) when they have heard the individual facts about the offence and the offender.
A guilty plea attracts a considerable discount and could move the sentence from custody to a community penalty.