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Case Study: Police Assault

Drunk and disorderly offences can often lead to Defendants being charged with other offences too. Due to the effects of alcohol, some people display violence to bystanders or police officers, as was the case with one of our latest clients.

Our client had been charged with two offences of being drunk and disorderly and assaulting a police sergeant in the execution of his duties. The client had been involved in an altercation with some other males and the police were called to resolve the situation.  When the police attended our client became volatile and was restrained.  The client continued to be abusive towards the police sergeant and was arrested for being drunk and disorderly.

As the police sergeant went to handcuff the client he bit the sergeant to the hand causing a great deal of pain and so was arrested for the assault on the officer.  An offence of this nature would, by virtue of the Sentencing Guidelines the Court have to follow, attract an onerous Community Order or even a term of imprisonment.

The client pleaded guilty to both of these offences and, following our mitigation on his behalf, the Court departed from their guidelines and imposed a financial penalty and awarded compensation to the officer which is clearly a much lower sentence than should have been imposed.

Drunk and disorderly is covered by Section 91 of the Criminal Justice Act 1967 and is a summary only offence, which means it can only be heard in the Magistrates Court. Being charged merely with a drunk and disorderly offence carries a maximum punishment of a fine, when combined with additional charges, can incur a prison sentence. Drunk and disorderly can also involve spending a night in the cells if the defendant proves to be posing a threat to the public.

Here at Gray and Co Solicitors we specialise in public order offences including drunk and disorderly and can help you to minimise your sentence. If you’ve recently been charged with an offence of drunk and disorderly you can contact one of our friendly team for expert advice and clarification on any aspect of your offence which you may be struggling to understand.

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