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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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Hello. i was arrested for dunk and disorderly behaviour yesterday

Customer Question

Hello. i was arrested for dunk and disorderly behaviour yesterday morning. i woke in the police cells. the police offered me a PND - but i didnt understand the implications and thought it would result in my receiving a criminal record. so i said no - and they have now charged me. i came home yesterday and looked at what it meant - and now wish to accept the PND fine. is this possible?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. Were you given any advice on what a PND was? Were you given access to a solicitor?

JACUSTOMER-m6uyx2s1- :

I spoke to a solicitor on the phone. I dont remember what he said. to be honest - I had hit my head pretty hard and was probably still drunk at the time.

JACUSTOMER-m6uyx2s1- :

i have a massive visible lump on the side of my face

JACUSTOMER-m6uyx2s1- :

Hello - are you there still?

JACUSTOMER-m6uyx2s1- :

I dont know what is happening - Have you left the conversation?

JACUSTOMER-m6uyx2s1- :

Hello? I am unsure as to whether you have left the conversation.

Expert:  Jo C. replied 2 years ago.
Hi

I have converted this to Q and A as I couldn't see any of your responses.

Can you see mine now?

Site glitch I think.
Customer: replied 2 years ago.

I can see your response yes

Customer: replied 2 years ago.

I spoke to a solicitor on the phone. I dont remember what he said. to be honest - I had hit my head pretty hard and was probably still drunk at the time.

Expert:  Jo C. replied 2 years ago.
Thanks.

The short answer is that you cannot unfortunately.

If you've been charged then you've been charged. The PND is only a discretionary method of dealing with the matter anyway.

I have to say that it was a bit unreasonable of them to charge you. They could have just given you the PND and given you the statutory 28 days to pay and then if you did not charge you. However, they have charged and they are free to do so.

You can always write to CPS asking them to reconsider the public interest and indicate a willness to accept the fixed penalty fine.

All that said, if this is a drunk and disorder then you will only get a fine at court. Obviously you will get a conviction which is never a commendation but a conviction for drunk and disorderly is very unlikely to ever be an issue in your life. Its one of those offences that doesn't really say anything about your character. Half the country binge drinks on occasions. Like speeding, drunk and disorderly is probably something we've all done at some point.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 2 years ago.

Hello there.


Thanks for your advice. I did indeed write to the CPS requesting that they issue a fine instead of court date etc... but have heard nothing in response. Should I engage a solicitor to request a change to a PND from the CPS - or will that just swallow up money? Is it 'likely' that they may change to a PND? My assumption is that the CPS is not known for it's frequency of dropping charges raised by the police because the defendant "is sorry he didn't accept a fine when offered"....


I am reasonably literate etc... and showed great contrition for the situation and my reluctance to accept a fine at the time - due to lack of understanding rather than belligerence.


I guess that should I not be allowed to accept a fine I will just go to court and accept guilt. its going to be tough to claim Not Guilty - the police claim I was drunk (they are expert witnesses obv.) and that I swore at them - which I cannot disprove as I have no witnesses. so there is the drunk and disorderly. In this instance, I guess I wont need a solicitor? Just arrive at court, plead guilty and prepare a few words to say in an attempt to frame the events in an honest way, accepting guilt, showing remorse and contrition for wasting everyone's time...


Do you have any other advice that may be of use?

Expert:  Jo C. replied 2 years ago.
If you only wrote to them a few days ago then they wouldn't have considered it yet.

I wouldn't bother with a solicitor yet. It will just rack up costs and won't achieve anything. It might be worth having one at court.

To be wholly honest, its quite unlikely that they will drop it but its worth trying. Anything could happen.
Customer: replied 2 years ago.

Hello, I have just one final question. Should I plead guilty in the magistrates court to the charge of drunk and disorderly, how long will it take for the offence to be considered spent? I have seen conflicting reports of 5 years (ROA 1974) and some items saying that it will be considered spent in 1 year. many thanks

Customer: replied 2 years ago.

I'm sorry Jo - I can see that I should have received a response from you - but cannot see it. please can you repost it?


Thank you.

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