What is the sentence for kicking a door?

[missy251]

Hi my partner is in the young offenders institution he is doing 4 months and is out in november.He has another court case for breach of the peace as he has been accused of kicking a door there was no damage to the door if he is found guilty what can happen ????

[sandyRoe]

It would depend on the circumstances. If he did it during the recent riots he might get more time.
It's likely he'd get a small fine.

[vallaw]

It would also depend on his record?

[sara3]

he's going to plead not guilty?

[missy251]

no it was apparently done in july well before the riots started he is behaving in prison but he is also there because he failed to pay his fines last time will that affect him getting another fine ?

[exdc]

Hi missy

Are you certain your partner is going to court for a breach of the peace?.

[bednobs]

what has he actually been charged with - "kicking a door" per se is not against the law!

[missy251]

yes he is going to court for this he was charged with breach of the peace :(

[exdc]

Hi missy

The most basic answer is IF, your partner is appearing in court charged with a breach of the peace, he will be offered a “bind-over' which you can either accept or refuse. If you accept, you are 'bound over to keep the peace and agree not to cause a further breach within a specified period.

If you cause a further breach within that period, you are liable to pay part or all of a fixed sum to the court (say £100) .

If you refuse, a date will be set for a hearing where the prosecution would have to establish that by your actions you caused or provoked the likelihood of imminent violence.

If you refuse to agree to the bind over following a hearing you COULD be sent to prison, maybe for a couple of weeks.

[exdc]

Cont:

Ps, is this dometic related?

[exdc]

Sorry, I seem to have deleted some of my post prior to submitting which was regarding other substantive offences for kicking doors etc.

My previous post should read 'domestic related'.

[missy251]

hi im sure he will except anything he is wanting out of prison and no it wasnt domestic it was apparently a neighbours door but we have had problems with the neighbour for so long we moved 23 miles away because of this neighbour and a week later my partner was inprisoned :( the police know we have had probs before with the downstair as he lifted a hammer to my partner before

[exdc]

Ok ta.

[missy251]

do you honestly think he will just get that bind over thing lol sorry im just wanting him home and missing him like crazy dont want him to get any longer :( x

[exdc]

Hello missy

Basically, its all that can happen for a BOP. (if you are certain there is no other charge/s).

[missy251]

well he is inside just now for all his other charges this is the last one lol atleast i have been promised that he is going to be a good boy when he comes home and we can carry on planning our wedding :D

[exdc]

Thats the spirit, make him grow up and tell him to 'steer clear and get a career'.

[missy251]

thats all done and dusted he learned that all by himself hehe thank you i was so worried about what was going to happen and was really depprest and know one would talk to me about things thank you for clearing my head

[exdc]

All the best