Prison for a verbal argument? Advice please

[esor]

A black male friend has been involved in a verbal argument with two female Caucasian sisters involving their cars (one car cutting up the other). Neither car was damaged and the argument was purely verbal, with the sisters using racial language such as the N word and threatening to get my male friend nicked as their father is a police officer.

A week or so later, my male friend receives a letter from the police asking him to come into the station for questioning. He goes into the station where he is finger printed and DNA swabs are taken, he gives his statement. The matter was sent to court where the sisters pleded that they felt their lives were in danger, and deny racial abuse, deny using any swear language and announce that their father is a prison officer, not a police officer. My male friend pleaded not guilty but admits that their was a heated verbal argument from both parties, and that he had used swear language and that upon being racially abused he said 'you're luck I don't mash up your car'. There were no other witnesses, just him and the two sisters. In court, both parties were represened by laywers. There was one judge and he found my friend guilty of threatening behaviour involving vehicles, and he now awaits to go to court again to hear whether he is to be sent to prison, serve community service or pay a fine. He now� at the age of 39 has a criminal record for this.

Please can you advise me as to what he can do and to whether it is likely he will be sent to prison for a verbal argument.

Many thanks in advance!

[birdie1971]

This sounds like a very unfortunate situation for your friend. However, because he effectively admitted to making threats to cause criminal damage he has fallen foul of the Criminal Damage Act 1971. Specifically...

'A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,�

(a) to destroy or damage any property belonging to that other or a third person'

Assuming this case was tried at a Magistrates Court (which is what it sounds like) the maximum sentence he could receive is 6 months imprisonment and/or a fine. With the prison population being what it is, it is very unlikely he'll get a custodial sentence so he'll probably be fined.
Sorry to be the bearer of bad news.

[esor]

Approximately how much can someone be fined? And would they have to pay there and then in cash?

[birdie1971]

The law states that the fine shall not exceed the statutory maximum. I think that the maximum is �5,000. Maybe someone else on here can confirm that. Bearing in mind that this is the maximum fine, it is likely he'll be fined a lot less than this. If he cannot afford the fine in one lump sum, it is likely the court would accept payment over an agreed period of time, ie. payment in installments.

[New Judge]

Please let us know what offence he was convicted of. There are a number of possibilities and the potential sentences vary quite a bit.

[birdie1971]

I agree New Judge. I may have jumped the gun assuming threats to cause criminal damage.

[esor]

Thanks for your responses. The charge was section 4, road rage (using threating or violent words and behaviour), with intent.

[Velvetee]

Strange that he has been found guilty purely on the evidence of two women, who cannot prove he did or said anything.

He really should have sought legal advice from the beginning and made an official complaint to the police for racial abuse. This all sounds very wrong. I'm not really sure what he can do, except maybe contact an official body that deals with racism, like the CRE (Commission for Racial Equality)

Whether he gets a custodial sentence or not, probably depends on how racist the judge is or isn't. I hope he appeals any sentence he is given.

[esor]

Thanks! I'll check out the CRE.

Yes it all seems strange, I wasn't sure if I was being over sensitive because it is my friend. However my friend did admit that he did use swear language in the argument and that it did get heated, the sisters didn't admit this in court (which obviously seems weird, asif that were really true, it would mean that my friend would be arguing with himself). I was sure it would get thrown out of court, as no damage was done to either cars and everything was purely verbal.

I just worry now that if my friend is sent to prison and as the sisters father is a prison officer, something may happen to my friend while he's in prison. I know that sounds dramatic, but if this is a corruption thing then it could be possible.

[New Judge]

From your description of the incident I am surprised he was charged and convicted under S4. The less serious Section 5 seems more appropriate, but that�s history now.

Magistrates� sentencing guidelines for the offence show a starting point of custody. However, if your version of the incident is the same as that accepted by the court it is likely that the Bench will see fit to impose a Community penalty.

I am surprised that your friend does not yet know whether custody has been ruled out. Upon conviction the magistrates (or District Judge, as seems to be the case here) usually give an initial view of the type of sentence they are considering and then ask the probation service to prepare a pre-sentence report with that initial view in mind..

[Whickerman]

Honesty is sometimes the worst policy, He should never have admitted to the row.