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Hello. thank you for requesting my help. I will try to answer this for you.
In order to be guilty of this offence the Crown must prove 3 things
(1) you were drunk;
(2) you were in a public place; and
(3) you were guilty of disorderly behaviour.
I can't tell from your question whether you were drunk and disorderly only that you were in a public place.
I also can't tell what evidence there is against you.
Can you let me know the above information and I will try to answer your question.
1. Yes I was drunk
2. I was outside the premises.
3. I was talking to the bouncer outside after I had been denied entry. I was trying to persuade him to let me in. He got annoyed. Said he was calling the cops and then restrained me and suffocated me till everything started to go blank. When I regained awareness. The police had shown up.
The evidence would be the police officers who took me in. I think there would be cctv footage of me standing next to the premises talking to the bouncer. I wasn't acting aggressive or abusive. I guess i was being annoying to the bouncer because i was talking to him, but this all happened within the timeframe of say 3-5mins.
I have no prior convictions. It my first time going to court. I'm 22 years old.
OK the issue then will be whether you were acting in a disorderly manner. The CCTV may well be evidence of whether this is the case or not If you are confident it will not be harmful to your case then you will want to ask for it. Annoyng a bouncer is not the same thing as being disorderly. Do you know if your disordiliness is from the time before or after the police arrived? This will make a big difference to how easy it may be to defend the case?
In terms of avoiding the prosecution this will be difficult. you were given the opportunity to admit the offence and take a fine to avoid prosecution, but as you did not and do not accept your guilt this has now gone. I can't see any reason for the CPS not to prosecute.
After the police arrived. I can say that I just annoyed the bouncer. I wasn't being aggressive or abusive. Maybe he had a bad night and got fed up.
]So before the trial, if i pleaded guilty I need to ask the police to get cctv footage of of me at the place just standing there talking to the bouncer and him attacking me afterwards and I should not get a conviction since they most likely find me not guilty.
Knowing all this, how does my case look. Should I plead guilty or not guilty depending on what I told you since this is everything I know.
not guility* to police
If you were not acting in a disorderly manner then then you should plead not guilty. This offence has a fine as the maximum sentence. In some circumstances you may get a conditional discharge. If you are sentenced to a discharge then that will not count as a conviction.
I would think that the best thing to do here is to instruct a solicitor to represent you at your hearing. He will be able to advise you on plea based on the papers served at court. He will also be able to get a shrewd idea of whether you are likely to get a discharge as opposed to a fine (ie whether you are likely to get a criminal record).
Can I ask the duty solicitor to represent me or do I have to pay for one for the magistrate hearing?