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The Crown Prosecution Service is the government department responsible for prosecuting criminal cases investigated by the police in England and Wales.

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Home » News Centre » Press Releases » Lee Bowyer pleads guilty to public order offence

Lee Bowyer pleads guilty to public order offence

05/07/2006

Lee Bowyer today admitted that he was guilty of a public order act offence over his conduct towards a team mate in an "off the ball" incident during a Newcastle United match.

Chief Crown Prosecutor for Northumbria, Nicola Reasbeck, said: "The criminal law doesn't cease to operate once you cross the touchline of a sports field.

"Neither does being disciplined by an employer or a sport governing body make an athlete immune to the law."

The CPS was ready to proceed at the first court hearing in September 2005, said Miss Reasbeck, and had Mr Bowyer pleaded guilty plea at that hearing there would have been an application for prosecution costs of £43.

She said: "The delay in dealing with this case has largely been due to the defence seeking leave to apply for a judicial review of our decision to prosecute. In September the Adminstrative Court judge who refused to grant leave for a judicial review described the application as "without foundation".

"The case was further delayed until February when the defence informed us that they had withdrawn their second application for leave to seek a judicial review of the decision to prosecute. The costs we applied for reflect the extra work we had to do in relation to those defence applications as well as the work done to prepare for a trial today."

Mr Bowyer was originally charged with causing fear or provocation of violence under Section 4 of the Public Order Act 1986. That charge was amended today after he indicated he would plead guilty to causing harassment, alarm or distress under Section 5 of the same act.

Miss Reasbeck said: "When we reviewed the case, we considered charges of assault as well as public order act offences and decided that the most appropriate charge was an offence under Section 4. In making that decision we had to be sure that both the evidential test and the public interest test were met.

"We keep cases under continuous review and, when Mr Bowyer's lawyers indicated he would be willing to plead to a Section 5 offence, we looked again at the public interest factors to see whether or not this plea would be acceptable. We decided that it would.

"Most importantly the plea shows that Mr Bowyer accepts his behaviour on the pitch that day was a criminal offence."

  1. Sections 4 and 5 of the Public Order Act both refer to offences of using "threatening, abusive or insulting words or behaviour", so cases like this can be dealt with under either section where appropriate. The difference between the sections is the effect and intent of the "words or behaviour". Section 5 requires the likelihood that harassment, alarm or distress would be caused, whether it is intended or not whilst section 4 requires the causing of the fear or provocation of violence and it must be intended for that to happen. Offences under section 4 vary in seriousness and the maximum sentence is higher than that for section 5. In this case it is likely that the level of punishment under either section of the act would be similar.
  2. The extra costs were incurred by the CPS in response to the defence application for judicial review, where we had to prepare and present an argument at the Administrative Court in front of a single judge. We then had to prepare for a renewed application in front of a bench of judges, which the defence withdrew at a late stage. The cost of instructing counsel for the Administrative Court applications, which amount to around £3500, will be recovered separately. Today's cost application of £1000 represents the cost of preparing this case for trial. Mr Bowyer does not qualify for legal aid.
  3. Though, strictly speaking, this case meets the criteria for an application for a Football Banning Order we considered that it is not appropriate to apply for one in this case.
  4. The other Newcastle United player involved in the incident, Kieron Dyer, was not charged with any offence.
  5. Local media enquiries to CPS Northumbria on 0191 260 4232/07909881822. National press enquiries to CPS Press Office on 020 7796 8105.