Section 5 public order question.

Discussion in 'Police, PMCs, Security' started by Sinner251, Oct 1, 2012.

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  1. So heres the thing, the town centre here has closed the main drinking street to all traffic on a weekends, set up a side street as the taxi collection point accessible only to taxis and emergency services.
    So a car turns up parks up on the rank stopping the cabs from collecting, causing queues of disgruntled pissed up punters.
    Driver approached and asked to move, only to get a lot of abuse
    Taxi wardens repeatedly shout police, but the town centers guy were on refs and the town was being covered by bobbies from out lying areas and they tend to not give a toss (they don't like arresting as it keeps them out of their area longer).
    Taxi Warden moves in front of the car and starts to take the number to pass onto The town center police team on their return, when Mr.Angry driver drives straight at the warden hitting him as the car stops.
    Warden bruised and torn muscles in his leg is taken by ambulance to hospital and will be off work for a minimum of six weeks.
    The driver reverses and tries to go around the warden, but is stopped by a doorman from nearby club who witnessed the car hitting the warden. He got the door open and pulled the keys out.
    Police arrived and the driver is arrested only for sect.5 because he was gobbing off at the police, warden not spoken too, doorman not spoken too (apart from being told he had no right to stop the car leaving).
    Is section 5 the right charge, bearing in mind someone has sustained a serious injury?
    I wasn't a witness, but monitored the incident over the radio and got the rest of the details from cctv ops and from 2 of the doorstaff that witnessed it.
    Seems a bit off to me.
     
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  2. I'm sure there is a greater charge like aggravated assault (because it was with a car?), but if the coppers don't give a damn, what on earth can you do?
     
  3. He may well have been lifted under S.5 "in the meantime" while they sort out what else happened.
     
  4. There is also an offence of 'Causing bodily harm by wanton/furious driving' which fits the bill perfectly. However it is a bit obscure and although the title of the offence sticks in peoples minds, many don't know what the actual offence of 'wanton and furious driving' is. S5 could cover the gobbing off bit but not for the assualt with the car.
     
  5. It was an assault, exactly as if he'd hit the warden with a stick.
    If the victim makes a complaint, I believe they will be obliged to follow it up. If they get several statements supporting your account, they'll probably prosecute.
    You may find he had 12 friends in the back of his car who witnessed something different.

    The doorman prevented further assaults by taking the keys; well done bouncer bloke.
     
  6. They've used S.5 to get him off the streets PDQ.
    They'll then take statements, acquire the correct evidence and interview the suspect with a view to adding charges to the sheet.

    At least, that's what should happen.................
     
  7. Not my account as stated only what I've been told, as to 12 people in his car the cctv will disprove that. I did state cctv operators told me what they had witnessed.

    As of yesterday evening the warden hadn't been spoken too, not even to get his details and is planning to go to the station to make a complaint today.

    Right bed time.
    Thanks for the replies.