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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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im due court on Tuesday the charge is using abusive insulting

Customer Question

im due court on Tuesday the charge is using abusive insulting words and behaviour that mat cause alarm or distress at a football match, ive never been in trouble before but now thinking I should have got a solicitor, im told I can plead guilty without one and being that I work full time have now run out of time, am I able to just turn up plead guilty and it will be sorted on the day?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Are you saying you are guilty?
Customer: replied 4 years ago.

I was just singing and using swear words but not really wanting to cause distress just enjoying the banter

Expert:  Jo C. replied 4 years ago.
Is this is a S4 or S5 public order?

Or a football related offence?
Customer: replied 4 years ago.
I think just a football related
Customer: replied 4 years ago.
Football related only
Expert:  Jo C. replied 4 years ago.
What is the charge please? It will change everything.

It will be on your charge sheet which should have been handed to you by the custody sergeant.
Customer: replied 4 years ago.


Expert:  Jo C. replied 4 years ago.

But whats the charge.

Usually it reads you are charged with X offence the particulars of which being xxx.
Customer: replied 4 years ago.

CHARGES using threatening abusive insulting words behaviour to cause harassment or alarm

Expert:  Jo C. replied 4 years ago.
contrary to which legislation?

Is it S4 Public Order Act 1996 by any chance?
Customer: replied 4 years ago.
FORJOMO1972. Yes but 1986 act
Expert:  Jo C. replied 4 years ago.

Has anybody given you advice about this? I'm not sure you should be pleading.
Customer: replied 4 years ago.
FOR JOMO 1972 no advise just wasn't sure what to do
Expert:  Jo C. replied 4 years ago.
Obviously I have had vision of this case and you do need to bear that in mind. However if you were just swearing generally at the situation then that does not amount to a s4 public order.

Even if you were swearing at a person, if everybody else was doing the same thing then there is not a justification for singling you out for prosecution. It might well be that that isn't the case but those are the facts you are presenting at the moment.

Just go to court and ask to see the duty solicitor. They might well take a plea to s5 public order and then they can only fine you.

Do not plead to s4 without proper advice. They will adjourn it off for a report from probation and you will probably end up on some stupid community order that burns into your time. You might have to do that anyway but at least you will have considered all outcomes.

Can I clarify anything for you?

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,