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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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MY SON WAS GIVEN A 90 POUND FINE FOR SWEARING ONCE NOT AT ANYONE

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MY SON WAS GIVEN A 90 POUND FINE FOR SWEARING ONCE NOT AT ANYONE BUT WAS STILL FINED .I WAS NOT HAPPY WITH THIS SO I TOLD HIM NOT TO PAY .WE NOW HAVE A COURT DATE .THEY NOW SAY THE OFFENCE WAS OBSTRUCT/RESIST A CONSTABLE IN EXECUTION OF DUTY SECTION 89(2) OF THE POLICE ACT WERE AS THE TICKET STATES USING ABUSIVE LANGUAGE IN A PUBLIC PLACE (HE WAS IN HIS OWN FRONT GARDEN )
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

If you are asking whether or not they can amend the charge then I'm afraid the answer is that they can. Whether its made out on the evidence here is another matter.

If he was in a fenced front garden then that is a private place on the case law and S5 would not apply but obstructing a police officer can be committed on a private place.

Obstructing a police officer is fairly easily committed. You just have to take any step that makes the job of a police officer who is acting in the execution of his duty a harder one.

It would only lead to a fine at court.

I don't know whether you challenge the facts alleged? I notice you accept the use of a swear word. Generally speaking, at the Magistrates Court, where things come down to a direct challenge to the evidence of a police officer, usually the police officer wins. You can sometimes win these things by challenging them on law - effectively asking them to prove that he was acting in the execution of his duty. Challenges on fact do not usually succeed. Magistrates don't call police officers liars lightly.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

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

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

it sounds as if they can fabricate anything and you cant do anything about it the officer that day assaulted my son infront of many witneses but this fine still has to be paid i find that very wrong

Expert:  Jo C. replied 3 years ago.

It is fair to say that the police do lie sometimes and generally Magistrates believe them.

However, the problem here is that he accepts swearing and that is an offence. The only reason he has any defence to S5 is that it may have been in a private place.
Customer: replied 3 years ago.

so they can give you a ticket relating to one offence then at a court hearing change it to another so it looks better for them how fair is that

Expert:  Jo C. replied 3 years ago.
Oh yes, they do it all the time.

The Crown are always amending charge sheets.

I am afraid I cannot agree that is unfair. A charge should be amended to a more appropriate one in the interests of everybody.
Customer: replied 3 years ago.

so what is my option now just pay the fine if that is still possible to do without going to court and let corruption win again

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Jo C. replied 3 years ago.
No, I'm afraid not.

The truth is that probably the fixed penalty should have been paid but it was not.

Now, this is going to court either way. Its too late to pay the fixed penalty.

He will either have to plead guilty or not guilty and have a trial.
Customer: replied 3 years ago.

Hi, I have just read the conversation between you and my husband.


 


On the nignt of the incident, the police had been called out to a domesticat a neighbour opposite our house. During the time the police were there they left the lights flashing on their car. We had 2 weeks previously purchased 2 dogs from the Dogs Trust and they were very unsettled with the lights flashing. Our son went out to ask if they could turn the lights off and he was told no and to geft back inside the property. At this time he walked back in our garden and swore as walking up to the front door. One of the police officers jumped our fence and knocked my son to the ground and kicked him. There was a lot of witnesses as they were out to see what was going on when the police oringinally came for the domestic. The same officer even pushed a 72 year old man. My son was put in a police car for a short while. They were just about to release him with no charge when the witnesses stupidly started shouting to let him go. A femal officer who was in the car said take him to the station. Before doing so one of the officers radioed in to see what they could charge him with. The eventually charged around 10.30pm in the police station for swearing in a public place (The ticket states it was given out at the time of the incident which is incorrect)

Expert:  Jo C. replied 3 years ago.
What would you like to know about that?

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