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9/15/2014
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Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what you wanted to know about this? Obviously there are no magic wands that will disprove an allegation.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm not sure what you wanted to know about this? Obviously there are no magic wands that will disprove an allegation.
There is no way of forcing them to drop the case before court unless you can do something like produce a rock solid alibi but even then probably they would not drop it immediately. Given that its racially aggravated they are not going to drop it lightly.
In terms of what will happen, if you made a reference to a non believer then that is a religious aggravation. Its not a racial aggravation but they can always amend that charge. I suppose they will have to prove that there was some form of public order offence to make out the offence of racially or religiously aggravated public order. Raising your voice would be sufficient though. They do not have to prove a huge amount to get home on a public order offence. Making an obscene gesture at him would be sufficient for public order but that does not seem to have any connection to the racial or religious aggravation.
if this is a S4a charge then it would be worth electing crown court trial and contesting it. Jurors often do let people off.
Can I clarify anything for you?
Jo
In terms of what will happen, if you made a reference to a non believer then that is a religious aggravation. Its not a racial aggravation but they can always amend that charge. I suppose they will have to prove that there was some form of public order offence to make out the offence of racially or religiously aggravated public order. Raising your voice would be sufficient though. They do not have to prove a huge amount to get home on a public order offence. Making an obscene gesture at him would be sufficient for public order but that does not seem to have any connection to the racial or religious aggravation.
if this is a S4a charge then it would be worth electing crown court trial and contesting it. Jurors often do let people off.
Can I clarify anything for you?
Jo
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