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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70290
Experience:  Over 5 years in practice.
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Good afternoon. I am due in court in court next week after

Customer Question

good afternoon. I am due in court in court next week after being charged with section 5(1) and (6) public order act. I swore at a paramedic. I am deeply ashamed about this. I have been arrested for a public order offence about 18-24 months ago and I am terrified there might be a custodial sentence waiting for me. I have heard the maximum penalty for this offence is level c fine (£1000) even through I have aggravating factors as well as a caution previously? I hope you can help
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Are you asking what you will get?
Customer: replied 2 years ago.
I am wondering if I will get a custodial sentence?? I have heard its just a fine for section 5(1) and 6
Customer: replied 2 years ago.
I have heard its maximum level 3 fine which is £1000
Customer: replied 2 years ago.
are you there?
Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.If this is a S5 public order then that carries a fine only. Custody is not possible.The maximum sentence is a fine.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
I do apologise Jo. Yes I have been charged with Section 5(1) and (6) I was asleep and was woken up by a paramedic. I fell asleep sun bathing. Its ridiculous I know. I swore at him and was abusive but I cant remember this. I woke up in a police cell the day after and they had charged me with the above. They said it was a minor offence. I have written a letter of apology to the complainant and am bringing it to court with me. I was worried that because I have had a caution before and I swore at him ( there was no violence involved I have been told as it wouldn't have been section 5) I was panciking the court with give me a custodial sentence! Unfortunately I cant talk on the phone! In work! Have you got any advice for next Tuesday?
Expert:  Jo C. replied 2 years ago.
Yes, S5 prosecutions are a waste of money.In fact, actually, I'm not sure a paramedic would really be distressed by a bit of swearing but there you have it.It is a minor offence. It is a stupid offence that shouldn't be on the statute books. It is a bit of a case of legislate in haste and repent at leisure. The public order act was designed to deal with football hooliganism and it does but there are these offences that capture the conduct of most people on occasions.
Customer: replied 2 years ago.
yeah unfortunately he must have found if abusive and offensive as I wouldn't be in this postion. Thank you for this Jo you have put my mind at rest. Yeah I have the court papers in my bag! It says threatening abusive and insulting words or disorderly behaviour within sight of someone! Section 5 (1) and (6). I gather the (6) means I was intoxicated which I was. But could you please just confirm this doesn't carry a custodial sentence as my life is going so well as the moment and that my previous cautions etc would not come into the sentencing? I wont bother you again as you have been most helpful
Expert:  Jo C. replied 2 years ago.
Not necessarily. Sadly some people make these reports without really understanding the test.In fairness, clients quite often swear at me too but I don't go and cry in the robing room because life isn't like that. This person will obviously have been offended that you were abusive but he won't have been distressed.I don't go to the Magistrates court much now but I didn't often lose a S5.As I said, it doesn't carry custody.