Botwright, Johnny

Johnny Botwright was convicted in October 2000 of assault on a constable in the execution of his duty and using threatening, abusive or insulting words or behaviour likely to cause harassment, alarm or distress.

Mr Botwright received a sentence of 80 hours community service.

The CCRC received an application for review of the conviction in March 2001.

During review, the CCRC considered whether the police officer whom Mr Botwright had been convicted of assaulting might have been acting unlawfully when he grabbed Mr Botwright without cause to arrest him.

If this had been the case, the police officer may not have been acting in the execution of his duty and the assault may have been lawful defence.

No consideration of this question was given by the magistrates.

In addition, the CCRC considered that the magistrates had no jurisdiction to find the offence of threatening behaviour proved because the charge had never been laid against Mr Botwright.

The CCRC referred the conviction in December 2001.

The Crown Court upheld the conviction in April 2002.