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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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If I was involved in a group fight and got charged with

Resolved Question:

Hi, if I was involved in a group fight and got charged with public order 4.1 it is my first offence. Is there a chance i will be going to prison?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What are the facts please?

Customer: replied 1 year ago.
Hi, there is cctv footage of the fight, a lot of punches was thrown by everyone involved, however the only role I played is kicking somebody on the floor which is shown on cctv. Nobody was hurt however this is sent to a magistrates court, I am a first time offender. Do you know if this sort of thing can mean prison?
Expert:  Jo C. replied 1 year ago.

Was the kicking to the body or the head?

Customer: replied 1 year ago.
To the body however I am unsure whether you can see where impact hits on camera. Does that make a big difference ?
Expert:  Jo C. replied 1 year ago.

Yes, a massive one. Although, in truth, if they had evidence of kicks to the head then I would have expected more serious charges.

Your problem is going to be the kicking. There is clear case law to the effect that kicking a person lying on the ground is aggravated both by the action and the use of shod feet as weapon.

For S4 public order you would not normally get a custodial sentence on a first offence. The kicking is an aggravating feature but the truth is that if they had wanted to make the most of that they should probably have charged it as an affray.

Can I clarify anything for you ?

Jo

Customer: replied 1 year ago.
Thank you, ***** ***** hurt and everybody involved got arrested. What would say is the most likely charge for us?
Expert:  Jo C. replied 1 year ago.

If they have charged this as S4 they aren't going to charge it as an affray now.

I would expect a community order.

The truth is that they are too busy wasting money on false allegations of sexual abuse to deal with crime properly. I wouldn't complain though. From your point of view a S4 is a good deal.

Customer: replied 1 year ago.
Thank you can the judge over turn the charge to a more serious one?
Expert:  Jo C. replied 1 year ago.

No, that is a matter for CPS.

This will just be before Magistrates anyway.

Customer: replied 1 year ago.
What is cps?
Expert:  Jo C. replied 1 year ago.

The Crown Prosecution Service.

Customer: replied 1 year ago.
Ok thanks, ***** *****
Definitely be heared on a section 4? Is it possible we could go prison
Expert:  Jo C. replied 1 year ago.

Yes, it is but not likely

Customer: replied 1 year ago.
Thanks are we likely to be in the same
Court room as the other people involved
Expert:  Jo C. replied 1 year ago.

If you are charged jointly then you would.

If not then you wouldn't.

Customer: replied 1 year ago.
Hi, one last thing, is it likely this charge can be over turned to affray and if it was are we likely to go to prison?
Expert:  Jo C. replied 1 year ago.

No, as I have said.

They are not likely to do that now.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you really appreciate your advice.