Hide this page

Local Advice Finder

Find local services

+ Reply to Thread
Page 1 of 2 1 2 LastLast
Results 1 to 15 of 16
  1. #1
    Join Date
    Nov 2009
    Posts
    7

    Drunk and disorderly

    Hi, my boyfriend was arrested on saturday night for drunk and disorderly. He was with two other friends that were also arrested but none of them were charged even though one of them had illegal drugs on him. My boyfriend didnt resist arrest but was thrown into some scaffolding outside a club and had to have a medical examination at the police station for his injuries. He was an innocent by-stander to a verbal argument between his two friends and another guy. He has refused to pay the fine as he is innocent, they have now gave him a court hearing and hes really worried as hes never even been in trouble with the police before in his life, he has no criminal record and is a really honest hard working guy.
    I think the police have pinned it on him as hes the only one who has injuries and said he was filing a complaint about the 5 officers than pushed him to the ground and threw him into the scaffolding.
    I was just looking for some advice on what will happen at court, will he need a solicitor? What kind of sentence will he get? Any help would be great, thanks Kay.

  2. #2
    G Guest
    If he is found innocent, he wont get a fine/sentence, if he is found guilty then it is up to the court to decide what fine/sentence he gets.

    He will of course need a solicitor, it would be rather stupid not to have one.

  3. #3
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    I'm always dubious when someone appears saying "X has been accused of doing this, but he didn't, now what happens".

    But, not judging. The maximum fine he can get in court is a £1000 fine and a criminal record.

    I'm surprised the cops are pursuing it at court, the fact that they're doing so suggests that perhaps they have some evidence that he was doing more than being an innocent bystander. Get a solicitor.
    Whowhere, neither here nor there.

  4. #4
    Join Date
    Nov 2009
    Posts
    7
    They only charged him with Drunk and Disorderly after he refused the fine. He was arrested at 1am and was charged at 8am. Surely if they thought he was guilty of it they would have charged him and not offered him the fine...? I really know nothing about the legal system and neither does he as hes never been in trouble before.
    Ive heard you can use the on duty solicitor...is that right?

    I think they have charged him as they know they treated him like an animal, after they threw him into the scaffolding he was nearly knocked out and dazed. When he was at the station he said he was filing a complaint about the officer that did it. I have taken pictures of his injuries aswell. They knew they did wrong otherwise they wouldnt have made him see a doctor and have a medical, the other two didnt have a medical. I think the whole reason for charging him is to cover their own backs as they know they did wrong. He admits to being a little arsey at the station, but he was not being disorderly in a public place.

    Anyway thanks for your advice. Kay.

  5. #5
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    If an officer believes you are guilty of an offence the offender can be offered a fixed penalty fine (for drunk and disorderly it is £80). Accepting the fine means you discharge your guilty (you can't then be taken to court) and you don't get a criminal record. It is as if it never happened.

    To issue a penalty notice the officer has to have as much evidence as if he was going to take you to court, so statements/witnesses e.t.c. in case the person accepts the notice but then changes their mind and requests a court hearing.

    A police officer can't MAKE you accept the fine, but for low level offences like this it's normally a good idea, the magistrate will be informed he was offered a fixed penalty but declined, and generally if found guilty they will impose a larger fine (at least double in my experience).

    They've charged him because he refused to accept the fine, the fact he is making a complaint is irrelevant and won't be admissible in court anyway. Charging someone to "cover your back" makes no sense whatsoever. If they wanted to cover their backs they'd just release him without charge, rather than run the risk of having it all spill out into a formal complaint.
    Whowhere, neither here nor there.

  6. #6
    Join Date
    Nov 2009
    Posts
    7
    No statement was taken from him. He wasnt read his rights and was abused. The thing is with some police officers, they think they are above the law and love the power, im sure if anyone else was thrown into some scaffolding, nearly knock unconcious and dragged around like an animal they'd be as cheesed off as we are. I just hope it works out for us. We are just like any other hard working people and deserve some respect, at the end of the day, if you cant trust the law who can you trust.

  7. #7
    Join Date
    Nov 2009
    Posts
    7
    Quote Originally Posted by Nixxyk View Post
    No statement was taken from him. He wasnt read his rights and was abused. The thing is with some police officers, they think they are above the law and love the power, im sure if anyone else was thrown into some scaffolding, nearly knock unconcious and dragged around like an animal they'd be as cheesed off as we are. I just hope it works out for us. We are just like any other hard working people and deserve some respect, at the end of the day, if you cant trust the law who can you trust.
    Plus he would have made the complaint even if he wasnt charged, so it makes sense to me.

  8. #8
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    That's your opinion then, ultimately he was offered a fine that he was either too drunk to understand/accept or they didn't explain it properly. I've explained the process best I can, if you want to stand any chance of succeeding in court you'll need a solicitor.
    Whowhere, neither here nor there.

  9. #9
    Join Date
    Nov 2009
    Posts
    7
    Ive already said he was arrested at 1am and charged at 8am, so therefore he was not drunk. He went into town centre with £50 and came home with £41. Also the officer who arrested him does not match the name on the charge sheet.

  10. #10
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    Quote Originally Posted by Nixxyk View Post
    Ive already said he was arrested at 1am and charged at 8am, so therefore he was not drunk. He went into town centre with £50 and came home with £41. Also the officer who arrested him does not match the name on the charge sheet.



    I don't quite understand what you want me to tell you. As it stands unless you get a solicitor who can explain everything to you properly you've got no chance of being believed at court.

    Just because he wasn't drunk at 8am, doesn't mean he wasn't drunk at 1am when they arrested him.

    Him having spent £9 is proof of nothing, the police don't have to prove how he got drunk, only that he was drunk.

    He could have sustained his injuries whilst resisting arrest.

    The officer being different on the charge sheet is irrelevant, some forces employ extra staff to charge people who have been nicked.

    Your boyfriend making a complaint isn't going to make the cops want to charge him, if anything they'd want to drop the charges in the hopes that he forgets about it.


    I'll tell you this again, simply. Drunk and disorderly is one of the simplest offences to prove. All the police need to prove is that your boyfriend was drunk, and that he acted in a disorderly manner. The fact that your boyfriend recieved injuries during the arrest doesn't disprove it and is inadmissible in court. Your boyfriend is the one on trial, not the police.
    Whowhere, neither here nor there.

  11. #11
    Join Date
    Nov 2005
    Posts
    12,658
    Has he alread made his complaint? The IPCC can help with complaints. If he wants to take his complaint about the injuries further, he should seek a solicitor who specialises in actions against the police. If ou phone the CLS, the can point ou in the right direction.

  12. #12
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    Quote Originally Posted by katralla View Post
    he should seek a solicitor who specialises in actions against the police.
    Something several of us have mentioned, maybe she should take notice.....
    Whowhere, neither here nor there.

  13. #13
    Join Date
    Nov 2009
    Posts
    7
    Hi again, ive already said thanks for your help, theres no need to get arsey with me. I have difficulty understanding how the law works, so basically what you are saying is that he stands no chance. All that is left to say is that the british justice system is discusting. Like ive said he WAS NOT drunk and disorderly in a public place. But like you say theres no way of proving that so i guess hes guilty untill proved guilty.

    We are trying to find the CCTV from outside the nightclub to prove his injuries were made by the "arresting officer" and the fact that he did noting wrong. It makes you realise when you are on the other side of the law that everything is against you. Thank you again, and by the way my name is Kay not she.

  14. #14
    G Guest
    I wouldnt go off on one about the British justice system, you will be allowed to see the evidence they have against him, and if its shit, the case will fall apart.

  15. #15
    Join Date
    Nov 2000
    Location
    Somewhere in the UK
    Posts
    10,247
    Quote Originally Posted by Nixxyk View Post
    Hi again, ive already said thanks for your help, theres no need to get arsey with me. I have difficulty understanding how the law works, so basically what you are saying is that he stands no chance. All that is left to say is that the british justice system is discusting. Like ive said he WAS NOT drunk and disorderly in a public place. But like you say theres no way of proving that so i guess hes guilty untill proved guilty.

    We are trying to find the CCTV from outside the nightclub to prove his injuries were made by the "arresting officer" and the fact that he did noting wrong. It makes you realise when you are on the other side of the law that everything is against you. Thank you again, and by the way my name is Kay not she.


    I'm not saying that you stand no chance. I am saying however that it is very difficult to disprove a charge of drunk and disorderly. It'll boil down to your boyfriend's word against that of the cops. They will say he was drunk, your boyfriend will deny it. It's up to the magistrate to pass judgment.

    However, the fact that they're willing (and the CPS have authorised a charge) to goto court means that the evidence is probably fairly strong.
    Whowhere, neither here nor there.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Show site map

TheSite.org is delivered by YouthNet UK. Registered charity number: 1048995