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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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Hello, I recently had a confrontation with my next door

Customer Question

Hello,

I recently had a confrontation with my next door neighbour which was over parking the result was just shouting between us both but now the police have asked me to attend the police station as a voluntary attendee they said they just want a resolve to the situation and stated im not under arrest but will answer questions under caution.
I have been advised by a neighbour that they are looking at anti social behaviour can I be charged with anything as nothing really happened except the shouting and swearing from both parties and it was his wife who rang the police bearing in mind they have done the same before with the previous owner of our home.
kind regards,
TERRY
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

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

Customer: Thank you
Customer: do you require further information?
Expert:  Jo C. replied 2 years ago.

What would you like to know please?

Customer: replied 2 years ago.
The incident began with my neighbour parking one of his vehicles across my drive causing an obstruction I politely asked him to move it and he became aggressive coming onto my property I told him to leave and move his car to which he replied I will move it when I'm ready a lot of shouting and swearing but it was over with in minutes and apart from his wife bringing there big bull mastiff type dog out and further trying to intimidate me with its presence nothing else of significance happened.
I'm now having to attend the police station with regard to anti social behaviour according to police they have done door to door enquiries and taking statements.
What can they do as I cannot see what I have done so wrong other than to confront a person who has been doing this sort of thing for months
Expert:  Jo C. replied 2 years ago.
Well, thats not strictly true. There are lots of offences to cover very trivial conduct.

I presume you have no previous matters?
Customer: replied 2 years ago.
No I have no record at all
Expert:  Jo C. replied 2 years ago.
Will any other neighbours support his claims of anti social behaviour?
Customer: replied 2 years ago.
Not sure but I don't think any of them could have seen anything my mother in law,my wife and step daughter were present and they all told the police that I was not to blame yet no statements were taken
Expert:  Jo C. replied 2 years ago.
No, but otherwise do you get on with everybody else?

This incident alone might amount to a public order offence but its not likely to amount to anti social behaviour.
Customer: replied 2 years ago.
Yes as far as I know I have never had a cross word with anybody else and I will always help anybody,many of the neighbours have had problems with my neighbour due to similar parking problems
Expert:  Jo C. replied 2 years ago.
Thanks.

Of course, the neighbour is clearly just an idiot. I cannot imagine for a minute who would think this nonsense was worthy of the attention of the police. He is a vexatious accuser. You will find a very informative article upon people like him here

http://www.1itl.com/news/270/

and you can also report this outrageous waste of public money to the Taxpayer's Alliance here

https://www.taxpayersalliance.com/

However, the fact that is a completely undeserving time waster does not mean that the police are able to refuse to act. There have been lots of human rights authorities that require them to consider every complaint. There are grounds to refuse to act in circumstances where there is evidence but not just because somebody is a childish malingerer.

You have to bear in mind here that he is probably making a sightly different allegation from the account that you give. Even if he is not prepared to lie through his teeth he probably does have a different recollection.

On the facts that you present, it might amount to a S5 public order. Of course, his conduct does as well but he phoned the police first. Unfortunately in the UK the sad truth is that there are many disputes where who is the victim and who is the perpetrator is basically determined by who makes the first report.

A S5 public order would normally only lead to a fixed penalty fine.

If its just one incident then I don't think there can be an allegation of harassment and anyway they would just give you a harassment warning for that.

The police will not be talking to neighbours about your alleged anti social behaviour. They will not even be considering an ASBO against you for a dispute over parking and probably neither will the counsel.

Do not refuse the solicitor you will be offered and do not accept a caution just to get out of the station.

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

Jo
Customer: replied 2 years ago.

Hi Jo,


 


Thank you so much for your excellent advice and service!


kind regards,


TERRY

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo,


 


The police in there wisdom have now reported me for a section 5 even though at the police station they had written down threats to kill,section 4


I was interviewed at length with a good lawyer at my side who said afterwards that in his considered opinion it was a load of rubbish and he couldn't see anything coming of it the police officers also said they couldn't see it going forward but one officer in particular was rather biased and treat my family in an awful manner whilst taking statements my wife and daughter signed there statements under considerable hostility and afterwards realised that this officer had infact wrote his own version of accounts and we have now made an official complaint about this officer and he has been removed from further contact with us however we feel that the neighbourhood team as they are referred to have closed ranks and are insistent on it going to court even though all I have done is object to the mans behaviour he done exactly the same with the former owners of our home to which the police have shown no interest the file I have been told is now with the cju and the idiot next door has obviously been advised of this as he swaggers about the front of my drive with a big smirk on his face.


He continually laughs in the face of my youngest daughter and continues to intimidate her which we reported to the police who just took note and put it on the same file advising us that each time we complain increases the likelihood of it going to court .


The professional standards people from Northumbria police have been ever so matter of fact and most unhelpful.


Our solicitor has told us that if I get a summons he will defend me but this has caused me and my family great distress and worry I am my self a retired police officer injured seriously in the line of duty I served in both the police and prison services so I am of good character and now feel so low that everything I ever believed in has been destroyed.


Can you please advise me what at the worst can happen I am now 56 years of age and section 5 didn't exist in my days of service!


If convicted will I get a criminal record as my young daughter who is at university studying to be a primary school teacher would not be able to live at home if I got a criminal record.


This is so worrying and it has made my wife ill.


All I did was object to this man parking over my drive and he came at me on my own property in an extremely aggressive manner the whole incident lasted no more than four minutes non of the neighbours saw or heard anything so no independent witnesses he has himself and his foul mouthed wife and I have my wife eldest daughter and mother in law as witnesses could you please advise


kind regards,


TERRY

Expert:  Jo C. replied 2 years ago.
Yes, well that isn't usual I'm afraid! You would not believe the mindless trivia that is regularly prosecuted.

Are you asking what the sentence is?
Customer: replied 2 years ago.
Yes please and would I get a criminal record which would also affect my daughter living arrangements if I am convicted of course!
Regards,
Terry
Expert:  Jo C. replied 2 years ago.
If you are convicted then you will get a criminal record.

They won't charge you with threats to kill. If they do plead not guilty and elect Crown Court trial and they will amend the charges to S4 fast enough or the Jury will acquit.

All they have done is refer the matter to CPS for consideration. They are not actually allowed to make decisions on indictable matters now. This doesn't mean they believe the allegation and, in fact, probably they don't. The police are generally quite well aware that most victims are just next week's defendant. They might not talk about openly but we are all quite well aware that attention seeking unemployed people are by far the biggest complainant in this country.

They may charge you with S5 but that just carries a fine.

They may charge you with S4 and that does open up the sentencing options. Its probably going to be a fine on these facts though.

Probably it will all end with an NFA or a fixed penalty for S5.

When did this happen anyway? I noticed your original question was in March so they must be out of time fairly soon.
Customer: replied 2 years ago.
It happened on the 24th march and I have been repotted for summons for a section 5 the section 4 or threats to kill we're discarded immediately
Regards,
Terry
Expert:  Jo C. replied 2 years ago.
Yes, they wouldn't risk Crown Court trial over this twaddle.

If it was the 24th March then they have until the 24th September so they are in time.
Customer: replied 2 years ago.
Is there any possibility the cps might throw this out as I'm absolutely devastated by the prospect of going to court all my life I have always done the right thing and now to go to court for something I didn't do I feel is so wrong!
Regards,
Terry
Expert:  Jo C. replied 2 years ago.
Yes, they may refuse to charge. I'm surprised they didn't get a result for you at the police station. I suppose they might prefer to summons.
Customer: replied 2 years ago.
Yes they have reported me for summons which seems to be the in thing in the Northumbria police area the file is with the criminal justice unit presently and I suppose being reviewed before sending a court date but surely there must be someone there with some common sense!
Regards,
Terry
Expert:  Jo C. replied 2 years ago.
Yes, its all the rage at the moment. Makes sense to get people to court by summons.

I'm not sure you will find anybody with common sense there. To be wholly honest, if I was looking for a person with courage and good judgment the offices of CPS is not where I would start.
Customer: replied 2 years ago.
So I guess I need to start putting together my defence as it sounds as though I'm going to court regardless of any real evidence
Regards,
Terry
Expert:  Jo C. replied 2 years ago.
I would plan for the worst and start preparing your defence.

Then if the best happens thats a pleasant suprise.
Customer: replied 2 years ago.
I have been told I have a very good barrister but is there a real likelihood of winning in the magistrates court or are the magistrates more likely to go with the cps
Regards
Terry
Expert:  Jo C. replied 2 years ago.
Magistrates are generally more biased in favour of the Crown than proper open minded jurors.

That said, I spent several years prosecuting in the Magistrates Court and they do acquit more often than people think.

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