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Old July 23rd 08, 09:50 PM posted to uk.legal.moderated
Toom Tabard
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Posts: 755
Default Public Order Act (section 5)

On 23 Jul, 10:20, " wrote:
The magistrates are able to charge several hundreds of pounds costs,
and are quite likely to do so if they don't think the matter should
have ever come near them, and that the defendant can afford it (IANAL).


If it were me, I'd say a max £1000 fine (if that's still the case) and a
few hundred pounds costs would be an acceptable gamble in order to avoid
getting a criminal record.

I don't if it is the case, but one person's word against another's with
the prosecution having to prove to a criminal standard and that the
alarm or distress was a sufficiently serious to merit a restriction in
the right to free expression seems reasonable odds.

Of course that's balanced by my suspicion that magistrates just convict
on section 5 by reflex.

Anyone here who hasn't muttered an expletive whilst watching a motorist
do something stupid?


Well, as a relaxed and defensive driver who drives just within the
limit, and slows down to allow others to pass when it is safe to do
so, I have one failing, and that is to give two fingers to tailgaters
who annoy and endanger me and then overtake when it is unsafe, I'd be
inlclined to plead unreasonbleness on their part, should someone
complain about that, or that they are obviously too insensitive and
stupid to be 'harassed alarmed or distressed' by my act, but I've
never had to put this to judical test.

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