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Section 6 of the Public Order Act

  • 22-12-2014 12:57pm
    #1
    Bobby511
    Registered Users, Registered Users 2 Posts: 4 ✭


    Hi

    Iv been asked to appear in court under Section 6 of The Public Order Act. I was at my car in my estate and there was a person delivering leaflets. They were across the road and I shouted that we didn't want them in my estate that they were not welcome, I then got in my car and drove off. A few weeks later Guards called to the door to ask me to make a statement. I went to the police station made the statement and read the other persons statement.I also had a witness.
    This morning I got a letter saying iv to go to court. This is just my words against theirs and there is arguments on the streets every day. How can they take me to court?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Anyone may be brought to court by service of a summons on them.

    Whether or not the State has a case is a different matter upon which you should consider taking legal advice.


  • #3
    Bobby511
    Registered Users, Registered Users 2 Posts: 4 ✭Bobby511


    The Mustard wrote: »
    Anyone may be brought to court by service of a summons on them.

    Whether or not the State has a case is a different matter upon which you should consider taking legal advice.

    Thanks. I'm going to see a solicitor today


  • #4
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Take legal advice. Roaring at someone on the street should be prevented. As you say there are arguments all the time so it's great to see the guards doing something about it.


  • #5
    Manach
    Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    On the flip side, this (the summons) does seem to somewhat excessive given the factual scenario. As well, if there are rights to be allowed to delivered a message (as in giving out leaflets) then is there then a converse right to object. If not, then would (in a different scenario) booing also come under section 6?


  • #6
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Manach wrote: »
    On the flip side, this (the summons) does seem to somewhat excessive given the factual scenario. As well, if there are rights to be allowed to delivered a message (as in giving out leaflets) then is there then a converse right to object. If not, then would (in a different scenario) booing also come under section 6?

    While I grant you I'm imputing much, I suspect the wording of the OPs 'message' has perhaps resulted in the heavy handed response.


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  • #7
    Joshua5
    Registered Users, Registered Users 2 Posts: 374 ✭✭Joshua5


    Bobby511 wrote: »
    Hi

    I shouted that we didn't want them in my estate that they were not welcome, I then got in my car and drove off.

    Why would you shout at someone just doing their job for crappy pay in the first place. You should try write them a letter of apology and see if the Gardaí would direct it onto them. It was bang out of order, but at the same time it's possibly a waste of court time.


  • #8
    Graham
    Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Bobby511 wrote: »
    Hi

    Iv been asked to appear in court under Section 6 of The Public Order Act. I was at my car in my estate and there was a person delivering leaflets. They were across the road and I shouted that we didn't want them in my estate that they were not welcome, I then got in my car and drove off.

    Why do I get the feeling we're not exactly hearing the full story here.

    It is lovely however to hear than an entire estate got together and elected you to act as spokesperson on their behalf.


  • #9
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Where you asked to go or summonsed to go? Are you a witness or a defendant?

    The story you told in your op does not amount to an offence under section 6 at all. Nothing wrong with an argument. If you are telling the truth then a solicitor should put your mind at ease.


  • #10
    Bobby511
    Registered Users, Registered Users 2 Posts: 4 ✭Bobby511


    Graham wrote: »
    Why do I get the feeling we're not exactly hearing the full story here.

    It is lovely however to hear than an entire estate got together and elected you to act as spokesperson on their behalf.

    The entire estate did ask me to speak for them. We had a meeting the night before the leaflets were delivered offering 'the service' and we decided we didn’t want their 'service'

    I didn’t roar across the road. I said ‘excuse me, the residents had a meeting last night and we do not want your service. Please leave the estate you’re not welcome. Then I got in my car and drove. My two witnesses stated to this fact.


  • #11
    Bobby511
    Registered Users, Registered Users 2 Posts: 4 ✭Bobby511


    Little CuChulainn wrote: »
    Where you asked to go or summonsed to go? Are you a witness or a defendant?

    The story you told in your op does not amount to an offence under section 6 at all. Nothing wrong with an argument. If you are telling the truth then a solicitor should put your mind at ease.

    I have been summonsed to go. I am the defendant. I dont believe I had done anything wrong, people disagree everyday


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  • #12
    Losty Dublin
    Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    Bobby511 wrote: »
    The entire estate did ask me to speak for them. We had a meeting the night before the leaflets were delivered offering 'the service' and we decided we didn’t want their 'service'

    I didn’t roar across the road. I said ‘excuse me, the residents had a meeting last night and we do not want your service. Please leave the estate you’re not welcome. Then I got in my car and drove. My two witnesses stated to this fact.

    I can hazard a guess what "service" you are talking about. Per chance are we talking about a certain utility company?


  • #13
    cerastes
    Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Joshua5 wrote: »
    Why would you shout at someone just doing their job for crappy pay in the first place. You should try write them a letter of apology and see if the Gardaí would direct it onto them. It was bang out of order, but at the same time it's possibly a waste of court time.

    Because being bombarded with leaflets is a nuisance, people constantly rapping on your door from 5am here, if I catch that guy he'll definitely get it in the ear.
    While I normally leave the people at it be as it doesnt seem like a very good job, there should be some regulation on constant bombardment of junk.
    Aside from the fact, some of the guys driving people around look dodgy, its a perfect opportunity to scope out a load of houses. Maybe the Gardai should be concerned about nuisances created by people that dont live in an area, or is this just another example of the Gardai protecting a private business? Apology my hole.
    If only the Gradai were as diligent and prompt at responding to concerns of substance.
    Losty Dublin wrote: »
    I can hazard a guess what "service" you are talking about. Per chance are we talking about a certain utility company?

    Any chance of a PM, like to know more about what this is, is this an organisation doesnt like being told where to go and then gets the Gardai involved?


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