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PATEL, VIVEK

Case Reference: 33JJ0018226

Case Details

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Reference

33JJ0018226

Court

Leicester Magistrates' Court - Courtroom 07

Magistrate

District Judge (MC) Allen-Khimani , Mrs Needham JP , Miss Patel JP , Mr Rosenthal JP , Mr Thompson JP , Mrs Waldron JP

Hearing Date

18 September 2026

Time

2pm

Hearing Type

Sentence

Court Type

Magistrates

Prosecutor

CPS-EM

Case Details

Offence Details: | Racially / religiously aggravated harassment / alarm / distress by words / writing / behaviour Assault a constable in the execution of his / her duty Racially / religiously aggravated harassment / alarm / distress by words / writing / behaviour Use threatening / abusive words / behaviour likely to cause harassment, alarm or distress Racially / religiously aggravated harassment / alarm / distress by words / writing / behaviour Racially / religiously aggravated harassment / alarm / distress by words / writing / behaviour

Next Steps at this Sentencing

The sentencing hearing takes place after a defendant pleads guilty or is found guilty at trial. The judge or magistrates review the Sentencing Council guidelines, consider aggravating and mitigating factors, read any pre-sentence reports or victim personal statements, and decide the appropriate penalty.

Court Jurisdiction: Magistrates' Court - Magistrates' Courts handle virtually all summary offences (minor offences) and start the proceedings for serious offences. They are presided over by three volunteer Magistrates (advised by a legal advisor) or a single qualified District Judge. They do not have a jury.

UK Offence & Sentencing Guidelines

Common Assault / Battery

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Sentencing: Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.
Harassment / Stalking

Engaging in a course of conduct (on at least two occasions) that causes alarm, distress, or fear of violence to another person, knowing or ought to know it amounts to harassment.

Sentencing: Summary harassment carries up to 6 months imprisonment and/or a fine. If the harassment causes fear of violence, or is racially or religiously motivated, it is triable either way and carries a maximum of 5 to 14 years imprisonment.
Disclaimer: The legal definitions and sentencing guidelines above are for general educational purposes under English Law and do not constitute formal legal representation or advice. If you are facing criminal prosecution, consult a qualified criminal defense solicitor immediately.

Case FAQs & Procedure Guide

The court considers the severity of the offence, the defendant's level of culpability (blameworthiness), the harm caused, any previous criminal record (aggravating factors), and positive character references or early guilty pleas (mitigating factors).

Sentences can include discharges (absolute or conditional), fines, community orders (unpaid work, rehabilitation), suspended prison sentences, or immediate custodial sentences (imprisonment).

Yes. The defense can appeal against the severity of the sentence, and the prosecution can appeal (in some serious Crown Court cases) if they believe the sentence was unduly lenient.

For a single summary/either-way offence, magistrates can sentence a defendant to a maximum of 6 months in prison (or up to 12 months for multiple either-way offences), alongside unlimited fines and community orders.

Magistrates are trained volunteers from the local community who sit in panels of three. A District Judge is a qualified legal professional who sits alone. Both have the same sentencing powers.

Common assault is committed when a person intentionally or recklessly causes another to apprehend immediate, unlawful violence. Battery is the actual application of unlawful force. No physical injury needs to occur.

Usually dealt with in the Magistrates' Court. Maximum penalty is 6 months imprisonment, a community order, or a fine. If racially or religiously aggravated, it can be sent to the Crown Court with higher maximum penalties.

Engaging in a course of conduct (on at least two occasions) that causes alarm, distress, or fear of violence to another person, knowing or ought to know it amounts to harassment.

Summary harassment carries up to 6 months imprisonment and/or a fine. If the harassment causes fear of violence, or is racially or religiously motivated, it is triable either way and carries a maximum of 5 to 14 years imprisonment.

Interested in the outcome of this case? You can request more information by emailing the court directly using the Email Court button at the top of the page.

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