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Legal matters

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Original poster

Charged with affray = possible sentence

42 replies

HarryDies · 27/06/2010 20:14

A relative of mine has been charged with this, started a fight while out drinking. Police called and he tried to take them on as well, was physical towards the police including biting one.

He's been in prison before for drug offences though hasn't been in trouble for 5 years.

Is prison likely?

OP posts:

Tootlesmummy · 27/06/2010 20:16

Sorry I don't have any 'knowledge' to back this up but I suppose it depends on how physical it got and if anyone was hurt. I would think if it was fairly minor i.e. no one got any injuries then I would think a fine and possible community service?

Hope it works out ok.

prh47bridge · 27/06/2010 23:22

It is a shame your relative didn't stop when the police arrived as that would have been a mitigating factor. The fact that he started the fight will also go against him. Given that police were attacked, I suspect this will go to the Crown Court where a prison sentence is the most likely outcome. Pleading guilty will help him and should result in a lesser sentence. It may allow him to avoid prison completely but that depends on the severity of the offence.

ShowOfHands · 27/06/2010 23:29

DH is a police officer. Is it just affray? Because that's a public order offence. He hasn't been charged with Assault Police? Affray carries quite a short maximum sentence and a term is possible but dh says in his experience, it usually doesn't result in a prison sentence.

This is all in general terms. Obviously, dh does not know the details. Previous custodial sentences will not be used as they are not relevant to the offence of affray.

ShowOfHands · 27/06/2010 23:30

not used in court I mean. If he'd committed a drugs offence it would be relevant that he had a previous conviction in that area.

scurryfunge · 27/06/2010 23:32

Why has he not been charged with assault on police if he has bitten a police officer?

funkychunkymunky · 27/06/2010 23:37

Depends on how many witnesses, any other charges, level of affray etc. A guilty plea will prob result in a non-custodial sentence. A not guilty but found guilty may result in custodial.
Affray is triable either way which means that it can be tried on indictment or as summary. It will be heard in mags court first and if guilty, may be be sentenced there. If not guilty, could potentially go to crown.
Sentencing is up to £5000 fine and/or 6 months in prison.

Original poster

HarryDies · 28/06/2010 11:37

He has been charged with assaulting a police officer as well, he has a previous conviction for this. There are quite a few witnesses.

He's in the magistrates' court next week.

OP posts:

PlasticCenturion · 28/06/2010 12:21

Well that changes things significantly and it is far more complicated and serious than your op suggests.

Your relative needs good legal advice and a competent solicitor who will explain what is likely to happen.

beeny · 28/06/2010 12:26

I am a criminal barrister in the crown court affray is often dealt with by a community penalty.Your relative should try and save some money up to offer the policeman as compensation.He will need a very good presentence report.

123evo · 26/05/2015 22:50

Were on bail for afray but we haven't done much wrong other than maybe be a it loud wen drunk an resist arrest until they used exseesive force but they are saying we were threatening and tried to assault them which is untrue coz no one was injured

Tweety2067 · 15/01/2018 14:38

123evo,

You ok Hun?

TsunamiOfShit · 15/01/2018 14:45

Don't you just hate it when this happens?

Eryri1981 · 15/01/2018 14:46

As an emergency services worker who has been attacked in the past, I hope OPs relative does go to prison, if he did indeed BITE a police officer.

RebeccaWrongDaily · 15/01/2018 14:52

i hope so too. If you can't handle your ale and persist in getting persisted then you aren't safe to be around other people just enjoying a night out.

Tawdrylocalbrouhaha · 15/01/2018 14:53

TsunamiOfShit

expatinscotland · 15/01/2018 14:53

Dear god. Really hope anyone who gets so hammered they take to fighting and then bite and assault the police goes to jail/prison. Need to learn some self-control and stop drinking and doing drugs.

lalalalyra · 15/01/2018 14:55

I think someone biting a police officer who has a previous conviction for assaulting a police officer is likely to be in a heap of bother, and rightly so.

RebeccaWrongDaily · 15/01/2018 14:58

he's already been once Expat. Didn't seem to stop him behaving like this.

SoupyNorman · 15/01/2018 14:58

Zooooooommmmbiiiieeeeee

QueenAravisOfArchenland · 15/01/2018 14:59

The original bitey relative was in 2010. However, 123evo seems to be currently in one of those situations which can all too easily arise when you get so loud and drunk that the police try to arrest you and then violently resist them.

ptumbi · 15/01/2018 14:59

Why is this trending - from 8 years ago ??

Maryz · 15/01/2018 15:01

I reported this as a zombie an hour ago, ffs, and asked why it was in trending.

They need a better zombie warning.

TsunamiOfShit · 15/01/2018 15:07

It started trending an hour ago? So before anyone had even commented on it this year?

PricklyBall · 15/01/2018 15:13

Yup, something has gone wrong with MN's trending algorithm - this came up as soon as evo bumped an 8 year old thread - i.e. on the basis of one post!

Am going to report so MN can get their techies to take a look. (Am also presuming evo may not be quite what they claim to be...)

WorraLiberty · 15/01/2018 15:14

Why is Tweety asking Evo if they're ok, 3 years after Evo bumped an old thread?

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