If the police feel so strongly about what he said and wont accept the apology then why don't they just charge him? He swore at police officers, that would get anyone else arrested but he gets away with it just because of who he is.
Not sure that Police often arrest someone for just one outburst at least not on the reality cop shows I have seen - what is the offence anyway is using foul and abusive language a criminal offence on its own or does there need to be aggrivating factors. That said Mitchells position is surely untenable its not how politicians should behave and what sort of example does it set to the rest of us - if the Government chief whip shows no respect to the police why should ordinary folk?
Just searched and this is what I found Under Section 5 of the Public Order Act, it is an offence to swear at the police. The alleged perpetrator can be arrested for causing harassment, alarm or distress through "threatening, abusive or insulting words or behaviour" and some have been jailed as a result. Simon Natas, a solicitor specialising in crime and human rights law, said that the decision to prosecute would almost always be based on the individual officer’s reaction to the alleged abuse. “People are regularly arrested and regularly prosecuted for swearing at police officers who are simply doing their duty,” he said. “But the context is everything. It will always depend on the circumstances and the officer’s specific reaction. The officer would have to state that they had felt alarm, harassment or distress.”
But only if the original officer was upset of course. Personally i'd just arrest everyone as they come out of downing street.
If anyone's been jailed for an offence under s. 5 POA 1986 they should appeal straight away - it's not imprisonable.
Personally I think the officer should have arrested the arrogant t**t.Not all politicians treat the plebs like this, my mate was in the Mets Diplomatic Protection Group in the 80's,said Douglas Hurd was an absolute gentleman .....and defence secretary Tom King was an arse!!
I dont think swearing at police should be an arrestable or jailing offence, but clearly there's a double standard in operation. Had he been some 'yoof on the street corner' id wager he wouldnt have been asked to apologise. http://johnnyvoid.wordpress.com/2012/09/22/the-boy-who-went-to-jail-for-what-andrew-mitchell-did/
Section 5 POA 1986 does not make it an offence to swear at the Police. It is about using words (can be written on a sign etc) or behaviour that cause harassment, alarm or distress. The 'victim' can be anybody, not just Police. It has however been decided by the Courts that Police can be harassed, alarmed or distressed by such words/behaviour. It is not an offence that carries a custodial sentence, a fine of no more than level 3 (max of £1k) is the worst you could get. It is a summary offence so will always be dealt with by a Magistrate.
If he said what was alleged then he could and should have been arrested and furthermore if it is proven then surely he can't carry on in his position.
I was on jury service in Sheffield years ago and we were told to remember that it isn't an offence to swear at a police officer
its not the fact of him swearing or indeed being arrested for it, its about a senior public servant who in his role as a supposedly upstanding citizen and example is supposed to be responsible for high standards has tried to demean someone of a allegedly lower stature who was doing their job should resign his position on moral grounds. but if he's lied about the officers statement agains him then he should be arrested.
This country's utter ******, if your some posh knob or waste of space druggie the police don't give a toss because they know that posh knobs can he away with a groveling apology and druggies aren't even worth going through the courts because they haven't a pot to piss in to pay the fines, yet middle of the road normal working class people say 1 wrong word to our prestigious police force and they get dragged through the court system and made to feel like a piece of *****. Don't get me wrong I think the old bill do a pretty good job but there far from the polished article that they promote.
Go round town on any Friday, Saturday or Sunday night and there's drunken yobs swearing at police. Coppers just ignore them unless they start to make a nuisance of themselves. Like any walk of life, some policeman can be arrogant tw*ts who abuse their position. I've seen it first hand. Sometimes they can be immune from a bit of common sense and quote the rule book which is why this bloke lost his rag with one.
I'd have been more annoyed if the copper had let him do what ever he wanted with his bike.....if it's against the rules, neither you nor I would have been allowed to,but that a**e thinks he is a cut above .....a touch of the Jonathan Aitken/Jeffrey Archers IMO worst kind of politician
