Technology1 min ago
breach of peace
hi,
been charged with the breach of peace. Did not get any fines to pay, no need to go to court either. But got letter that next time might go to court if will get charged with breach of peace again.
Is this a spent convicion now?
Is it a criminal record? please help with some answers
been charged with the breach of peace. Did not get any fines to pay, no need to go to court either. But got letter that next time might go to court if will get charged with breach of peace again.
Is this a spent convicion now?
Is it a criminal record? please help with some answers
Answers
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It is important to realise that In England (and I believe the whole of the UK) there is no such offence of “Breach of the Peace” and so you cannot be charged with, prosecuted for it or convicted of it. It is a Common Law concept used by the police to prevent unlawful violence. However, the police have powers to prevent a breach of the peace occurring or continuing. These include the power of arrest if the situation cannot be diffused.
If you are arrested and no charge (such as an offence under the Public Order Act) is deemed appropriate you may still be brought before a Magistrates’ court as the police (or more properly the CPS) may ask the court to impose a “Bind Over”. This is not a sentence and you will be bound over in a particular sum (say £100) to “keep the peace” for a specified period (usually 12 months). If you breach the peace within the specified period you forfeit the sum.
If you are arrested and no charge (such as an offence under the Public Order Act) is deemed appropriate you may still be brought before a Magistrates’ court as the police (or more properly the CPS) may ask the court to impose a “Bind Over”. This is not a sentence and you will be bound over in a particular sum (say £100) to “keep the peace” for a specified period (usually 12 months). If you breach the peace within the specified period you forfeit the sum.
It is also important to realise that in Scotland (with a different legal system to England) there is such an offence as "Breach of the Peace" and you can be arrested, charged, convicted and sent to prison for this crime. It is not a concept, but a crime at Common Law, and is committed when a person, anywhere, acts in a riotous or disorderly manner to the alarm or annoyance of the leiges( other people) The Police have the choice, depending on ones previous offending history, to either caution and charge and report the matter to the Procurator Fiscal, or issue a Fixed Penalty ticket. The Procurator Fiscal, having received a Police report, has various options and one of them is not to prosecute on this occasion but warn the offender that any further similar reports from the Police, would result in prosecution. In these cases, since no case has been called in the court there is no conviction of any kind, however, it will show on your criminal history
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