What Is The Sentence For A Public Order Offence Section 4?

[chumley1990]

I was involved in an attack where me n my mate attacked a male unprovoked whilst under the influence of alcohol. I punched the male to the ground then I continued to kick the male once he was on the floor. My mate also kicked him on the floor. We was then pulled away from the male by other friends but I choose to go back but the male had already ran away. It was all recorded on cctv. It is my first offence as an adult. I had a caution for abh when i was a child 14 years old. What will be the maximum sentence?

[murraymints]

without a victim in court..I suspect a fine and severe slap on hand..if complainant were there to pursue an action then probably time.....learn from it...good luck.

[EDDIE51]

Affray is actually a serious charge , but it is quite specific , affray is a 'mini riot' there have to be several people involved and there has to be 'Common Intent' to commit a violent act. In other words affray needs several people to decide that they will all together commit a criminal act involving violence.
The police obviously decided to drop the affray charge as they realised they could not prove it, they then put the public order S4 charge up as they knew that would be a lot easier to prove. But in this case unless there is more evidence they will not even be able to prove the S4 as the CCTV can not prove that abusive language was used and threats of violence made.

[Orderlimit]

chumlely, there are no issues here being arrested for Affray as the brief description of events fits that offence perfectly. The offence has been 'knocked' down to a Sec 4 for whatever reason and the CCTV evidence alone is sufficient to support a 'charge'.

Re solicitor. there are obviously benefits in using a good solicitor who can give advice based on ALL the facts and work in your favour during court. One tactic worth trying for here if the evidence is compelling is for a solicitor to try a plea bargain for drunk and disorderly due to how it will later affect a criminal record. Are you able to get a free consultation?/

(Sorry for brief answer, im having to use an annoying on-screen keyboard with a mouse pad).

[Orderlimit]

Ah Ok, ref your mate, was wondering whether you had both been charged as co-defendants but not an issue.

[chumley1990]

Methyl that was a Sugar answer.

And i guess i can yet a solicitor which may give me the first 30 minutes free. I will have to pay after that though as i am in full time employment and dont receive any benefits at all.

I do believe there is an on duty solicitor at the courts. Are these any good or will it be a waste of time speaking to one of them. I dont mind paying for one.

Also i appreciate all answers. Even of they are short due to a on-screen keyboard :-)

[owdhamer]

10 mins in dark corner with me mate ,you never raise another fist.

[FredPuli43]

The duty solicitor is fine, but it would be better to get the services of a solicitor before you get to court rather than instructing one on the day. As to the charge, the CPS can have you charged with anything which is disclosed on the papers before them. That may mean that they decide on a charge which is more serious than the offence on which you were arrested, obviously, but also one more serious than that which they originally directed. Charges do get reviewed sometimes .This is common when further evidence emerges, or where the case is serious, difficult, or complicated and the CPS has taken advice from counsel who has advised that other charges be laid.

You have been lucky so far. This looks to be clearly a case of affray and you are fortunate that it's not a s18 (gbh intending gbh)

[Orderlimit]

Not much more I can add sorry Chumley other than did you intend pleading guilty? (having seen the cctv footage and any admissions made to police)

Are you aware of the sentencing reduction rules for early guilty pleading?.

[chumley1990]

I am going to plead guilty as there is no way i can deny it. I have been told that it will be in my best interest to plead guilty. Does that affect the judges decision?

[FredPuli43]

Yes, a plea of guilty always makes a difference. You get credit for the plea. A quarter to one third off the sentence is customary.

[Orderlimit]

Who told you that , the police ?

I understand there is roughly a 30 % reduction in sentencing available for a guilty plea at the First hearing, but do an on-line search for your local area to see if you can gauge the average penalty.