ChatterBank0 min ago
I'm needing some advice plz
Answers
No best answer has yet been selected by gerry. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I think he would have had to have been arrested and taken to the police station for him to be charged formerly with Breach of the Peace. They've probably taken his details under a new system where if he gets in trouble within 6 months then he'll be arrested straight away.
If he is so distraught then the best thing for him to do is go to the local police station and make an apology and explain what happened. The police may be a little confused initially but I'm sure they'll apreciate any effort to apologise and identify the problem and they'll probably sit down and basically say 'don't do it again'!
I would see a lawyer before going anywhere near the nick.
Sometimes the police don't like it if you 'come and see them'. If they can't find you, they have an excuse for not charging you or arresting you. If you show up, they may have to. You don't want charged/arrested, and they MAY NOT WANT TO DO SO, but now have to, because you are there. Think very carefully about this.
In order to prevent breaches of the peace, the police may take action. Any person may enter premises without a warrant where a breach of the peace is being committed, or to prevent such a breach.
A constable may arrest anyone committing a breach of the peace in his presence, or he reasonably believes will commit such a breach in the immediate future, or when a breach of the peace has been committed and it is reasonably believed that a renewal of it is threatened. (Common Law Arrest)
Breach of the peace has become a flexible charge, leading to criticism that it is a catch-all offence for police when none other is available.
The power of arrest here is essentially therefore a private one. Of course, after arrest under the common law power there is nothing to prevent the person being charged under S4 or 5 of the Public Order Act 1986 or new sections of the CJA
Max. Sentence Magistrates Court : Bind over to keep the Peace
Method of Trial : Summarily
Power of Arrest : Common Law Arrest
Octavious....You quoted PACE (Police And Criminal Evidence Act)....That just states powers of arrest, looking at the 'crime' I really wouldn't have thought that would apply.....
Basically your friend was put into a cab to vacate the scene, and to PREVENT further breach of the peace......thats it end of story---If you were going to be charged it would have been there and then, a quiet night for the Police and it may have been different, but i'd say that copper can't even remember which page it was written on.
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