Was editing my email folders came across this:
Sec 5 Public Order Act. 'Behaviour constituting, harassment, alarm or distress'
My eldest son driving to work-saw coppers directing traffic - son pulled over to ask directions and hit something - he got out of his car mumbling, 'What the fuck was that?' or something with the 'f' word -discovered it was a cone and moved it to the side of the road. Copper walked over said he'd committed a public order offence (above) asked for £80 fine. My son, being his mother's son, said that he'd done no harm (common law) and that he would appeal. Copper says, to quote, well almost, 'Well in that case I can't be bothered to do all the paperwork so I'm going to summons you for driving without due care and attention'. Another copper was standing a few yards away.
Couple weeks' later my son received the summons.
My son goes to the Magistrate's court, I go with him - as he thought he was being done for a driving offence and he could prove his case he hadn't considered hiring a solicitor. He was not permitted to have any paperwork beforehand so when he's handed the Coppers report he's shocked to read its contents. Copper says my son shouted, swore constantly - kept saying 'fuck this' and 'fuck that', he said that mothers with children could hear him along with other pedestrians.
Well - long story short..there were no mothers with children, the only people around were a reporter and another copper who said at the hearing that he thought he heard the word fuck once. The reporter? My son had asked her at the time if she'd heard anything she said she hadn't - my son also took photos at the time - of a clear road and of the damage to his car which was a scratch on the side sill. The Copper said my son was so far over he hit the cone in the centre of his car - in court my son said he hit it with the side of his car and has a mark on his car to prove it and has pics - court refused permission to show - my son also took pics at the time showing an empty road - no pedestrians at all - court refused permission to show.
None of the coppers were in court. Reporter wouldn't speak up - her boss didn't want trouble with the police apparently so my son comes away with a criminal record for 5 years, which would affect his job as he has a high security clearance - he runs his own computer analysis and programming business.
To sum up....
My son decided to appeal and hired a barrister. Judges seem to have more respect for them.
Barrister threatens to subpoena reporter so she makes a statement and in it she says she was approx 10 mtrs away and heard nothing.
They go back to court. Both coppers are there. My son says he did not say what the Copper stated. CPS ask my son, words to the effect, as to whether he realises the implications of calling a police officer a liar.
The second copper admits to being less than 5mtrs away and he only thought he heard the 'f 'word once.
The Barrister and CPS go out for talkies - come back, judge says to Copper,
'How did you feel when dealing with (my son)?'
Copper says, 'aggrieved and frustrated at my son's behaviour'
Judge says, 'That doesn't constitute harassment, alarm or distress under sec 5 of the Act'
No case to answer...