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Summons Under Section 4 Of Public Order Act - Help Please
Hi,
In April in the early hours of the morning, I was with a group of around 10 people.
3 men in there early-mid 20's started shouting homophobic insults across the road, we ignored these and kept walking. One of the boys then exposed himsel, again we ignored.
A little further down the road everyone broken up to get taxi's, lifts home etc. It was just me and my sister left and we went to get something to eat before walking the 15 minutes home.
As we approached the kebab shop the 3 males were In front of us. One of them recognised me and stopped his friends, my sister didnt notice and went in the kebab shop to order food.
I was having a cigarette outside and 1 of the males approached me asking for sexual favours which I obviously declined. He then made taunts of how he was going to rape me which my sister heard and basically told him to back off before things got ugly.
He told her to hit him, she ignored him and walked back in the shop. He then launched a tirade of abuse at my sister about the way she looks, the fact she is gay etc etc. he said he wouldn't hit me because I was too "pretty" but would "knock her out" this was about my sister.
I had had a few drinks so I'm not 100% sure on the conversation I had with the male however on CCTV it shows me raise my hand to him, a bus comes round the corner next and blocks the view as to wether I strike him or not, as I say I genuinely cannot remember striking him but the police are adamant I had.
Next time he smacks me with heavy force around the left side of my head, this knocks me back but didn't take me off my feet, I admit I was angry that he had struck me and I was upset by this. I tried to get at him but my sister held me back, he then struck me again (his 2 friends watching on). He struck me so hard my head flew back and consequently my head hit into my sisters face causing her lip to bust and nose to bleed.
My sister continues to hold me whilst the first male runs in circles around me whilst smacking me round the head each time he got close to me. I was fuming, naturally.
My sister eventually let go as passers by had stopped to give her tissues to stem the blood.
The 3 males walked off and I called the police. When speaking to the operator I wasn't paying much attention to the males. This is all I remember i
In April in the early hours of the morning, I was with a group of around 10 people.
3 men in there early-mid 20's started shouting homophobic insults across the road, we ignored these and kept walking. One of the boys then exposed himsel, again we ignored.
A little further down the road everyone broken up to get taxi's, lifts home etc. It was just me and my sister left and we went to get something to eat before walking the 15 minutes home.
As we approached the kebab shop the 3 males were In front of us. One of them recognised me and stopped his friends, my sister didnt notice and went in the kebab shop to order food.
I was having a cigarette outside and 1 of the males approached me asking for sexual favours which I obviously declined. He then made taunts of how he was going to rape me which my sister heard and basically told him to back off before things got ugly.
He told her to hit him, she ignored him and walked back in the shop. He then launched a tirade of abuse at my sister about the way she looks, the fact she is gay etc etc. he said he wouldn't hit me because I was too "pretty" but would "knock her out" this was about my sister.
I had had a few drinks so I'm not 100% sure on the conversation I had with the male however on CCTV it shows me raise my hand to him, a bus comes round the corner next and blocks the view as to wether I strike him or not, as I say I genuinely cannot remember striking him but the police are adamant I had.
Next time he smacks me with heavy force around the left side of my head, this knocks me back but didn't take me off my feet, I admit I was angry that he had struck me and I was upset by this. I tried to get at him but my sister held me back, he then struck me again (his 2 friends watching on). He struck me so hard my head flew back and consequently my head hit into my sisters face causing her lip to bust and nose to bleed.
My sister continues to hold me whilst the first male runs in circles around me whilst smacking me round the head each time he got close to me. I was fuming, naturally.
My sister eventually let go as passers by had stopped to give her tissues to stem the blood.
The 3 males walked off and I called the police. When speaking to the operator I wasn't paying much attention to the males. This is all I remember i
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Hi Niamhn,
A Summons is basically a written order instructing an individual to attend court to answer allegations and is usually used when the defendant has not been arrested for that particular offence/s A 'Charge' is also instructing a person to court (must attend in person) and is used when a person had been arrested, so a charge 'could' be seen as more serious. Being sent to court requires sufficient admissible evidence in the case for a prosecution to likely result in a conviction and that is is in the public's interest to prosecute.
A court date will be set and formalised in this case by way of a summons. Sec 4 of Public Order Act, is what's known as a summary only offence and can only be dealt with by the Magistrates Court, including a trial. The first court date is basically to enter your plea and other admin, (depending on plea).
If found guilty and convicted then you should receive notification within one month to attend a police station to have finger prints and other samples taken (if not previously taken for that particular offence).
Seek advice from your instructed solicitor regarding counter- action etc
A Summons is basically a written order instructing an individual to attend court to answer allegations and is usually used when the defendant has not been arrested for that particular offence/s A 'Charge' is also instructing a person to court (must attend in person) and is used when a person had been arrested, so a charge 'could' be seen as more serious. Being sent to court requires sufficient admissible evidence in the case for a prosecution to likely result in a conviction and that is is in the public's interest to prosecute.
A court date will be set and formalised in this case by way of a summons. Sec 4 of Public Order Act, is what's known as a summary only offence and can only be dealt with by the Magistrates Court, including a trial. The first court date is basically to enter your plea and other admin, (depending on plea).
If found guilty and convicted then you should receive notification within one month to attend a police station to have finger prints and other samples taken (if not previously taken for that particular offence).
Seek advice from your instructed solicitor regarding counter- action etc
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