Mr K was represented by Farleys’ criminal law specialists after he was charged under Section 4 of the Public Order Act 1986.

Background

Mr K became involved in a disturbance as part of a large-scale fight. After his arrest, Mr K claimed his part in the disturbance came about as a result of self-defence and the defence of another, his younger brother. He was charged under Section 4 of the Public Order Act 1986.

What is a Section 4 Public Order Offence?

A Section 4 public order offence is defined as “fear or provocation of violence”. Legislation states that “a person is guilty of an offence if he-

  • uses towards another person threatening, abusive or insulting words or behaviour, or

  • distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.”

Punishment for those charged under Section 4 of the Public Order Act 1986 can be up to 6 months imprisonment and/or an unlimited fine.

How Farleys Were Able to Help

Mr K was represented by Samuel Hinds of Farleys’ criminal law team, who attended court in Carlisle with him.

Prior to the case being called on, Samuel spoke with the prosecution and explained Mr K’s position. They then went through footage which had been captured of the incident frame by frame, explaining the actions of Mr K and why it was as a result of self-defence or the defence of another.

Following discussions with Samuel, the prosecution agreed to withdraw the case against Mr K.

Samuel commented,

My client was facing up to a six-month custodial sentence if found guilty. I’m pleased we were able to have discussions with the prosecution prior to the case being held in court and that they agreed with my client’s stance on his actions. It was a great result.

Contact a Criminal Defence Solicitor

Here at Farleys we have a team of experienced criminal defence solicitors available to advise and represent clients from arrest, investigation and police interview, through to post-charge and court. To discuss your case in confidence, please contact the team today on 0845 287 0939, get in touch by email, or use the online chat below.