section 5 - public order act 1986

[mattyriches]

Last night i went to my local tesco with my girlfriend to get some eye drops for an infection. As soon as a parked up 6 police officers surrounded my car, when i got out of my car i saw 1 of the officers taking down my reg plate number.

I was annoyed at this and sed " o for god sake why are you taking my reg number?".

The police officer and 1 other officer calimed i said " o for f*@k sake" which i honestly did not.

I have 2 witnesses to say i did not but i was still issued with an �80 fine, i have posted the contest part of the fine today, what can i expect to happen and what will i have to pay?

Thanks.

One last thing, on the part of the fine that says, state offence, nothing has been writen.

Thanks again.

[ummmm]

They surronded your car for parking? Surely something else must have happened.

[redcrx]

Im sure theyd have also given you a warning about your language first.

[mattyriches]

well i am only 21 and they dont like young people in cars going on the car park, but i was shopping

[ummmm]

Only if they drive round them like loonies.

[mattyriches]

they told me not to swear but as i didnt i dont see the problem, and i wasnt driving like a looney i was just shopping as the cameras at tesco would prove.

[redcrx]

so what did you do when they told you not to swear.

and its untrue that the police dont like 21 year olds in cars. I never got stopped at 21, or at 17 for that matter.

[mattyriches]

i said that i didnt swear, i said that they dont like young people in cars on tesco's car park, i never get pulled over. i could understand the fine if i had actually done something wrong but i was only goin for sum eye drops.

[mattyriches]

as far as i know they wer on foot just leaving tesco as they are often there for theft, they were walkin across the car park to deal with a large group of boy racers and i guess i was just on the way, they would of checked my car because i have a nice car that stands out in a crowd and are young and on that car park.

[oldmaggie]

If you are sure of your facts and have 2 witnesses contest it and go before magistrates.

[Buenchico]

There's absolutely nothing in law which specifically states that it's illegal to use the F-word. What the Public Order Act 1986 actually says is this:
"A person is guilty of an offence if he�
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby".

The Public Order Act also states:
" It is a defence for the accused to prove that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress".
I refuse to accept that your average plod would be "likely to be caused harassment, alarm or distress" simply because you (allegedly) said "For f*ck's sake". If a court took the same view it would have to rule that it was perfectly legal to (allegedly) use such words.

Further, The Public Order Act states:
" It is a defence for the accused to prove . . . that his conduct was reasonable". Under the circumstances, your (alleged) words sound perfectly reasonable to me!

The police frequently mis-use the Public Order Act just to bully people, or simply to improve their crime statistics. They rely on the fact that most people either don't know the law or won't bother to challenge the penalty notice. Go to court and fight them!

Chris

[mattyriches]

thanks for your help, do you know if i will incur any costs going to court?

thanks.

[LoftyLottie]

I agree with Chris. The police often victimise young people, especially in supermarket car parks. This is a very typical occurence. I was stopped by a police officer who chased me with his sirens and blue light flashing. I was driving old banger on the run up to Christmas when they were on alert for drunken youngsters.

When the police officer stopped us and realised that the car was being driven by a forty year old female with her seventy year old mother in the passenger seat (we were returning late at night from a funeral), he looked very sheepish. However, to save face, he said I was speeding (which I wasn't) but added 'on this occasion I will just verbally warn you.'!

The police are not whiter than white.

[jedimistress]

Can't agree with Chris more. But beware if you fight it and the magistrates are sympathetic with the fuzz, you will find yourself having sleepless nights over the injustice.