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Section 5 Public Order Act

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Liverpool2 | 12:01 Tue 21st Jul 2015 | Law
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I was wondering if someone could help? I am due in court next week charged with Section 5(1) and (6) of the public order act. I swore at a paramedic! I am deeply ashamed about this. Unfortunately I had a caution for section 5 public order (being drunk) 18-24 months ago! I am terrified what the outcome will be next week? I have heard the maximum punishment is a level c fine! Is there any chance being my second offence I could get a custodial sentence? Excuse me for asking but appreciate some help!
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It does not matter what aggravating features there are or whether you have cautions or previous convictions. The maximum penalty for a Section 5 offence is a fine only (max £1,000). Neither custody nor a Community Order is available.
17:10 Wed 22nd Jul 2015
Scroll down to Stephen2273 and digest sound advice by New Judge.
Question Author
thank you Davemano. Terrified here buddy
Question Author
is the New Judge 100% certain on his post?
Yes, was then and still am now 100%.

Sentencing guidelines here:

http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf

Page 79 (of the .pdf file, page 88 of the actual document)
Question Author
New Judge thank you very much indeed! Thank you Sir
Question Author
I was panicking as I swore at a paramedic New Judge and I have had a caution for a public order offence before! I was wondering if these levels etc and no custodial still stand for previous caution in the police station. Just very worried
It does not matter what aggravating features there are or whether you have cautions or previous convictions. The maximum penalty for a Section 5 offence is a fine only (max £1,000). Neither custody nor a Community Order is available.
Question Author
Thank You New Judge :-). Do you come from a law back ground excuse my naivity?
I couldn't possibly comment !

However, as you can see, all this stuff is available for all to see (if you know where to look, that is).
Question Author
Thank you new judge you really have put my mind to rest. I have spoken to a solicitor and she said there is no way you can get a custodial. Thank you ever so much :-)

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Section 5 Public Order Act

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