FB was charged with ‘Behave in offensive manner in/near/within hearing from a public place/school’, contrary to section 4(1) Summary Offences Act 1988. The allegation against FB relates to the conduct when he recorded a video of two females at a train station. Independent witnesses saw this conduct and alleged that FB’s behaviour was offensive.
FB pleaded ‘not guilty’ to the offence and had the matter set down for Hearing.
Pending the Hearing date, James Castillo prepared Representations to withdraw the charge, noting the context of the incident and that nothing captured could constitute offensive in a legal context.
Eventually, Police accepted the Representations to withdraw the charge.