Would anyone be able to suggest any answer to this?
The situation is being charged under the act mentioned above with making
an offensive gesture to a passing motorist, with an 80 pound fixed
penalty on the way. If one were to refuse to pay the penalty and the CPS
were to decide it worth prosecuting, what sort of penalties are usually
meted out for this "offence"?

> The situation is being charged under the act mentioned above with making
> an offensive gesture to a passing motorist, with an 80 pound fixed

It doesn't answer your question, but I'm curious as to what the passing 
motorist did to prompt your alleged action? There is a reasonableness 
defence.

knirirr@gmail.com wrote in
news:g65i3b$del$1@frank-exchange-of-views.oucs.ox.ac.uk: 

> Would anyone be able to suggest any answer to this?
> The situation is being charged under the act mentioned above with
> making an offensive gesture to a passing motorist, with an 80
> pound fixed penalty on the way. If one were to refuse to pay the
> penalty and the CPS were to decide it worth prosecuting, what sort
> of penalties are usually meted out for this "offence"?
> 

The magistrates are able to charge several hundreds of pounds costs, 
and are quite likely to do so if they don't think the matter should 
have ever come near them, and that the defendant can afford it (IANAL).

-- 
Percy Picacity

A fine is the only available penalty, but it may well be more than the PND amount, and 
there will be CPS costs on top.

a@b.invalid wrote:
>> The situation is being charged under the act mentioned above with
>> making an offensive gesture to a passing motorist, with an 80 pound
>> fixed 
> 
> It doesn't answer your question, but I'm curious as to what the
> passing motorist did to prompt your alleged action? There is a
> reasonableness defence.

I think we've already been told that.  He was passing.

On 22 Jul, 23:35, "a...@b.invalid" <a...@b.invalid> wrote:
> > The situation is being charged under the act mentioned above with making
> > an offensive gesture to a passing motorist, with an 80 pound fixed
>
> It doesn't answer your question, but I'm curious as to what the passing
> motorist did to prompt your alleged action? There is a reasonableness
> defence.

And whether the action was actually sufficient to have caused
"harassment, alarm or distress".

Toom

> The magistrates are able to charge several hundreds of pounds costs, 
> and are quite likely to do so if they don't think the matter should 
> have ever come near them, and that the defendant can afford it (IANAL).


If it were me, I'd say a max £1000 fine (if that's still the case) and a 
few hundred pounds costs would be an acceptable gamble in order to avoid 
getting a criminal record.

I don't if it is the case, but one person's word against another's with 
the prosecution having to prove to a criminal standard and that the 
alarm or distress was a sufficiently serious to merit a restriction in 
the right to free expression seems reasonable odds.

Of course that's balanced by my suspicion that magistrates just convict 
on section 5 by reflex.

Anyone here who hasn't muttered an expletive whilst watching a motorist 
do something stupid?

The magistrates are able to charge several hundreds of pounds costs, and are quite likely 
to do so if they don't think the matter should have ever come near them, and that the 
defendant can afford it (IANAL)

Nowhere near right,I'm afraid. Costs are in the discretion of the bench, but for a simple 
summary offence on a guilty plea are unlikely to be more than about £60. Costs are not 
used to punish anyone. If you plead not guilty and papers have to be prepared, counsel 
briefed, and witnesses brought in, then of course costs will be higher. If you are 
acquitted, there won't be any costs at all and you get your own refunded.

On 23 Jul, 10:20, "a...@b.invalid" <a...@b.invalid> wrote:
> > The magistrates are able to charge several hundreds of pounds costs,
> > and are quite likely to do so if they don't think the matter should
> > have ever come near them, and that the defendant can afford it (IANAL).
>
> If it were me, I'd say a max £1000 fine (if that's still the case) and a
> few hundred pounds costs would be an acceptable gamble in order to avoid
> getting a criminal record.
>
> I don't if it is the case, but one person's word against another's with
> the prosecution having to prove to a criminal standard and that the
> alarm or distress was a sufficiently serious to merit a restriction in
> the right to free expression seems reasonable odds.
>
> Of course that's balanced by my suspicion that magistrates just convict
> on section 5 by reflex.
>
> Anyone here who hasn't muttered an expletive whilst watching a motorist
> do something stupid?

Well, as a relaxed and defensive driver who drives just within the
limit, and slows down to allow others to pass when it is safe to do
so, I have one failing, and that is to give two fingers to tailgaters
who annoy and endanger me and then overtake when it is unsafe, I'd be
inlclined to plead unreasonbleness on their part, should someone
complain about that, or that they are obviously too insensitive and
stupid to be 'harassed alarmed or distressed' by my act, but I've
never had to put this to judical test.

Toom

"a@b.invalid" <a@b.invalid> wrote in
news:pcSdnUZQz-FRaxvVnZ2dnUVZ8uSdnZ2d@pipex.net: 

>> The magistrates are able to charge several hundreds of pounds
>> costs, and are quite likely to do so if they don't think the
>> matter should have ever come near them, and that the defendant
>> can afford it (IANAL). 
> 
> 
> If it were me, I'd say a max £1000 fine (if that's still the case)
> and a few hundred pounds costs would be an acceptable gamble in
> order to avoid getting a criminal record.
snip

As a matter of interest, does paying the fixed penalty give one a 
criminal record?


-- 
Percy Picacity

A PND (Penalty Notice Disorder) will be recorded on the police computer and will be shown 
to a court if you reoffend.