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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Section 4 Public Order I went to macdonals (albeit after

Resolved Question:

Section 4 Public Order
I went to macdonals (albeit after a few drinks) for some much needed food and to use the toilet and asked a member of staff for the toilet. The member of staff said there wasn't one.
The staff member was replied "there isn't one" to which i replied "what the f**k is this". The staff member started shaking "I said to him what the f**k is this, what's up with you".
Manger came over and asked me to leave - i said no wanted to get some food. He said if i didn't he would call the police. So I told him to call the police at which time I felt i had done nothing wrong.
At winch time another member of the public who was sat eating his food. Identified himself as a Police officer. I asked him for ID - he said he didn't have any. At which point i told him you better wait for the police as well as he was impersonating a police officer, I waited a few mins for the Police to arrive.
When they did I gave them my ID cooperated fully. Gave a statement of my own accord "I was not arrested". I even asked for a copy of the statement and the officer said he doesn't need to give me one as i wasn't arrested.
They them dropped me off home - 30 mins away.
Now they said they want to charge me with section 4 public disorder. Or deal with the matter by the way of a fixed penalty order £90.
What is going on here......... ?????
Never been in trouble with Police before. What is a penalty order - does it give me a criminal record. Do i have to disclose it on application forms.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You accept you swore, several times - that is the issue here.

Alex Watts :

The act states:

Alex Watts :

(1) A person is guilty of an offence if he -

Alex Watts :

(a) uses towards another person threatening, abusive or insulting words or behaviour,

Alex Watts :

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Alex Watts :

If you used abusive words and you accept the person in McDonalds starting shaking, he may have feared you

Alex Watts :

If that was the case the offence is made out, even though you are drunk

Alex Watts :

If you caused the person serving to think you may be violent you have committed the offence even if you did not intend to

Alex Watts :

Based on what you have said, the swearing, the shaking cashier, it sounds like it was made out.

Alex Watts :

If you accept a fixed penalty you wont need to declare it as it is not a conviction

Alex Watts :

If you refuse a fixed penalty the Police may charge you and it may go to Court. If it does and you are found guilty, then you will have a criminal conviction

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you