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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience:  Over 5 years in practice
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. I need some advice as I amenable to eat or sleep at the

Customer Question

Hi. I need some advice as I amenable to eat or sleep at the moment. I attended a football match some 4.5 months ago at which there was some public order problems , whilst I remember jumping around chanting and gesticulating I could not recall any other issues , However ? 6 persons involved were arrested a week later and have now been charged with Affray ..
It is only when someone showed me the CCTV footage that I realised how prominent I was in a small portion ! I was not involved in the actual fracas and threw nothing and hit no one and caused no damage , However you can see me joining the group once the police had broken up and pointing etc , I recall I was pointing at the opposing fans and telling the police officer it was their fault as they attacked our guys.
Now I could have behaved better no question however I was caught up in the day by then No excuses . I have never been in trouble before and have an excellent job and young family , I have not been to a football match since the fa cup game and will not be going again.
There is no evidence that the Police wish to charge me and 4.5 months later I have not been arrested or questioned , However after seeing footage should I voluntarily attend a police station ? I a,struggling to function at home and work due to the worry
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On no account voluntarily attend. We do not walk in it police stations with our hands in the air. If they want to speak to you they can make contact.
All attending will do is mean that you join the others in the dock. Do nothing. You may join them in the dock anyway but going in and handing yourself in will ensure that you do and then you will really have something to worry about.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Ok Thanks for clearing that up , I really an in a bit of a state over it , However of course maybe worried about nothing , I have not heard anything from anyone , It was just seeing myself in the CCTV that worried me , I have hardly given it a thought for the last near on 5 months .

I just needed some guidance on what i should do , I am not attending any further football matches ever , I am struggling with what they would charge me with ?

I have not damaged anything or hit anyone however my behaviour was not my usual self in terms of being vocal etc .

I have a young family hence the talk i gave myself for this one off as well as a great senior management position , My family would not cope without me if i was to have to go to jail , Although agaiini think i am probably panicking a little more than i need ?

What should i do now , Just wait it out ? , I have never been in trouble before

Expert:  Jo C. replied 2 years ago.
They probably think they can't find you. That is quite often the case with public order situations. Everybody in the crowd makes some contribution usually but not everybody can be found.
Just do nothing and wait it out. If they haven't found you now then probably they won't.
You used to see lots of public order offences and they were prosecuted quite vigorously on the basis that they were evidence of general lawlessness and football hooliganism in particular was seen as a national disgrace. Now though apparently trying to kiss somebody 100 years ago is far worse and requires teams of lawyers to investigate so I wouldn't worry. Unless you are accused of some sexual nonsense it isn't likely that much time will be spent on your case.
Customer: replied 2 years ago.

no sexual-nonsense Jo , Just a day of gesturing and chanting and general foolishness , However as i said i did not strike anyone throw anything or damage anything , I was there with the crowd , However stood out on the CCTV i saw , This was sent to one of the guys charged , not me , It is only that i noticed myself in it and thought ..What a fool , My initial reaction was just to go to the police station however i did think that how do i even know if they wish to talk to me ??.

I will take your advice and just wait it out , Is there anyway to know whether they are looking for me or not or just leave it , I am just looking for reassurance of what to do next Jo , I cant see how i would be guilty of Affray anyway , I have no criminal record , Not even so much as a speeding ticket , I guess the 6 arrested one week later {It has now been nearly 5 months} were known to police ?

If i was to be arrested what would i be looking at do you think ? Let me know and confirm your recommedations for me and i am done , It has made me feel a little better

Expert:  Jo C. replied 2 years ago.
Yes, it is an entirely different type of offending. The point I was making is that there have always been two tiers of service with the criminal justice system and this type of offending is not very high on it at the moment. Apparently trivial sexual offences that no reasonable woman would think worthy of a report are more important.
There is a way of finding out whether they are looking for you and that is to hand yourself in. That is not a good idea for the reasons above.
I do understand that this is a worrying situation and not what you want to do emotionally but from a risk management point of view waiting it out is much better.
Customer: replied 2 years ago.

OK Great , I will do that , Any idea what they would charge me with and the penalties for someone like me ?

Customer: replied 2 years ago.

Hi Jo are you still there ? , I am just after the likelihood of me now hearing anything and what you think they could charge me with ?

Any info to calm me down would be great then i will sign off ! :0)

Expert:  Jo C. replied 2 years ago.
I wouldn't concentrate on that.
The others are charged with affray. If you were involved in that then it would probably be an affray.
Affray is a serious offence where custody is likely even on a first offence.
Concentrate on not doing the job of the police for them.
Jo C., Barrister
Category: Law
Satisfied Customers: 70007
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry Jo. If I was not involved in the fight then could they do that or would it be a lesser charge ? They have not released any stills or CCTV of people or anything like that some 5 months after ? Your proffesional advice is to do nothing. Correct ? Thx
Expert:  Jo C. replied 2 years ago.
There is a chance of a S4 public order but if there was a group fight and others are charged with affray then I wouldn't hold your breath. You might well be at the tail end of the affray but that doesn't remove the nature of the offending. The trouble with offences like affray is that you become responsible for what others do.
Yes, do nothing.
Customer: replied 2 years ago.
Ok thanks for the advice I will do nothing , Have to say I would feel harshly dealt with if they charged me with the same as this'd punching and throwing furniture etc !
Of course hopefully I am worrying about nothing.
Expert:  Jo C. replied 2 years ago.
it is quite unlikely that they will catch up with you now
Customer: replied 2 years ago.

Thats ,made me feel a lot better thanks Jo , I will pay to speak again if anything comes of it just to ask your advice

Expert:  Jo C. replied 2 years ago.
No problem.
All the best
Customer: replied 2 years ago.

Hi Jo sorry will add Bonus .....I think i am getting terribly paranoid now to the point it is making me ill !!.

I am concerned now that the police might be intercepting my texts or tracking my phone ?......Maybe to lead to others or what i am not sure ..I am ceartainly no big player.

I have read about this sting ray device , ? , Is this likely ? , I know they can request records however

Expert:  Jo C. replied 2 years ago.
No, it is not likely at all.
This is an affray. They will not have resources for that.
Customer: replied 2 years ago.
Just wondered if they would see something more in it across the course of the day , However i think this is just paranoia getting the better of me now !!..
I need to just stay clam and get on with life until i have something to be worried about ?
Expert:  Jo C. replied 2 years ago.
Yes, that is a good idea.
Customer: replied 2 years ago.
Sorry Jo , Just panicking now that they will just be waiting to release cctv images , How long would this take etc after 5 months is this likely ?
They have already arrested 6 or will they be happy with that ?
Expert:  Jo C. replied 2 years ago.
No, it is not likely at all.
This is an affray. They will not have resources for that.
Customer: replied 2 years ago.
Sorry Jo are you saying this is not likely either ? In terms of them releasing CCTV images this far gone ? Last question i promise , With so many people being chapperoned around by police following the incident i was unsure ?
Expert:  Jo C. replied 2 years ago.
It is possible but not really likely.
You don't generally find appeals for information any more with affrays.
Customer: replied 2 years ago.

Ok thanks a relief so in your proffesional opinion at this stage i have heard the last of this ?

I am never going to another football match and have been in no further incident

Expert:  Jo C. replied 2 years ago.
Nobody can guarantee that obviously but it is likely that this will not return to you.
Customer: replied 2 years ago.

Ok Jo thats great thats all i have to go on , If the worst does happen and i do appear should i then present myself ?

Expert:  Jo C. replied 2 years ago.
It depends.
If the police do come looking for you then you should really make an appointment to surrender at a police station but not otherwise.
Customer: replied 2 years ago.

Understood Jo , You can do more for now , So will wait it out and contact you if anything happens .....Fingers crossed as struggling to work eat and Sleep at the moment , My family would not survive/manage if i went to prison

Expert:  Jo C. replied 2 years ago.
Yes, I know it is worrying. I do understand that from an emotional point of view it probably does seem tempting to just go down to the station and get it over with and face the music.
From a risk management point of view though doing nothing is much better.
Customer: replied 2 years ago.

Ok thanks

Expert:  Jo C. replied 2 years ago.
No problem.
All the best
Customer: replied 1 year ago.

Hi Jo , Sorry just following up as i believe this is all over now , You can see from our conversation going back to March 30th , I have no quite got over it , However it is now Sept and nearly 10 months ago from the actual incident , The court case has now been published in the local news with all outcomes and sentences complete ...

They never have arrested anyone else nor released any further cctv or appeals for information in connection with the incident and i have still heard nothing nearly 10 months on , Given the 9 have now all been sentenced on 12th August , 7 for affray and 2 pleaded guilty to section 4 surely i can put this to bed and forget it now , It has been 5 months since i last picked up with you and still nothing ... Hopefully i can pay via a tip for your thoughts thanks for your input it really helped

Expert:  Jo C. replied 1 year ago.
No problem.
I really don't think anything will happen over this.
Glad it worked out.
Customer: replied 1 year ago.

Hi Sorry me again and happy to pay again , Please see our history , I have today been bought back to square one on this , I have had an email from our IT dept to say Vodafone have requested the owner of my numbers name as my number is ***** investigation , I immediately think it must be to do with this , However it is not the same phone i had in November so i have also changed my number , I am unsure of this is not OTT for what this was ?.

I was so convinced after 10 months and all the sentences this was over

Expert:  Jo C. replied 1 year ago.
I'm sure this is completely unconnected.
It has no nexus to the offence.
Customer: replied 1 year ago.

I am just wondering whether they are using it to identify me or requesting text message logs etc. {However if they were looking for me they have had a long time to release cctv etc which would be easier ?}...To look for any organisation etc , There was none of course and none of the sentenced would have my number

I don't know what i text that day

It just seems too much of a coincidence , However 10 months after i am unsure they would go to this effort

I changed my mobile number in April from the phone i had in November so am unsure how they would have my number anyway .... Maybe its just me jumping to conclusions and it is just that a coincidence

Expert:  Jo C. replied 1 year ago.
Will it reveal anything?
Customer: replied 1 year ago.

I just don't know ... This new number was not used on the day or indeed 4 months afterwards , I may have sent texts from the old number on the day , Nothing to do with organizing anything but possibly to do with what had happened , I cant recall

However the only texts from this new number they may have will be me checking with people on just how guilty i feel etc. i am sure ...

I am just not sure how they would have got my number anyway , I have only had this current number since April and is a company sim card that was formerly a communal one

Expert:  Jo C. replied 1 year ago.
If this phone wasn't in your possession at the time of the offence then it shouldn't add anything to the investigation. It cannot contain anything incriminating.

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