Editor's Blog8 mins ago
Section 4A charge with dubious racial aggrevation... ? Any views?
6 Answers
I'm a white (relevant later) professional who stupidly got a little too drunk at a stag party a few weeks ago. I was being thrown out of a club (for my shocking dancing) and tried to escape the clutches of 3 bouncers. They got just a little heavy - throwing me out forcibly and laying in the veritable boot - which I have 2 witnesses statements to support. They called the police and I was originally charged with Section 4. This was reduced to 4a after my witness statements but the police are apparently going ahead with section $A and have added racial aggravation as I apparently said to the bouncers that "they should be black" - I strongly deny this accusation (not a racist bone in my body as it happens and race is never an issue I even consider relevant to any degree). The police have CCTV pictures of my struggling to get away from the bouncers and the statements of 2 bouncers claiming the racist remark was made. What are the chances in your view of this sticking (the section $A bit) and what are the chances of the racial aggravation being applicable (even if the court believes the remark was made (which I have always denied)) - btw the bouncers were all white and I think I called them very stupid idiots indeed (The "who’s got the brain cell then, go on won up!!" - remark has got me in trouble before but i was a little too drunk to recall). This is hardly the crime of the century even if found guilty I know but I’m keen to avoid a record.
Thanks
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Thanks all, I have just been given an opportunity to view the CCTV footage that was taken which covers the whole incident, with a duty solicitor, Through out the incident i was backing away from the bouncers, it lasted about 2 minutes and ended up with five of them holding me against a car. According to the solicitor that viewed the footage as I was backing away and never raised my hands and appeared only trying to get away from the bouncers it is unlikely that section 4 can be applicable - if that is the case then, i am advised, the aggrevation bit is not relevant. I am seen talking to a white bouncer for a few seconds and I assume this is when the alledged "you should be black" comment was made, which is in two of the bouncers statements. It was followed by me running away , being chased and then held. I'm advised that despite the police going ahead with the charges that I should offer to be 'bound over to keep the peace' (whatever that is) and the majestrate, or as its apparently an either way case, judge could accept that without a trial. The CCTV seems to be supporting my case (although I could hardly argue the bouncers were doing anything excessively violent - even if it was 25 yards outside their club and on a public highway). My question is therefore as I am in London and this all happened in Bristol and I have to keep making the expensive journey down there is their anyway, should I be completely cleared, of getting back my expenses?
From what your saying there is no way that you should be admitting anything. In my opinion if you were to plead guilty to any racial offences in dubious circumstances this admission could seriously affect any future job opportunities.
I suspect that the bouncers were heavy handed with you and have mentioned the racial element to shift the blame for their heavy handidness. If you believe that the video supports your version of what happened stick to it. With reference to 'bind over to keep the peace', you would not be offered a bind over for this offence, you would normally get a fine.
I suspect that the bouncers were heavy handed with you and have mentioned the racial element to shift the blame for their heavy handidness. If you believe that the video supports your version of what happened stick to it. With reference to 'bind over to keep the peace', you would not be offered a bind over for this offence, you would normally get a fine.
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