ChatterBank10 mins ago
Breach of the peace
7 Answers
Question 1 - Is it a common law offence?
Question 2 - Can you be convicted on the charge "breach of the peace"? (As I have been told by copper you can't but know people who have been?)
Thanks
Question 2 - Can you be convicted on the charge "breach of the peace"? (As I have been told by copper you can't but know people who have been?)
Thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.It is a common law offence which may result in a bind over order.
http://www.wikicrimel...e=Breach_of_the_peace
http://www.wikicrimel...e=Breach_of_the_peace
[My answer was curtailled for some reason]
Miscreants in England & Wales are more usually charged with an offence under Section 5 of the Public Order Act (disorderly behaviour - harassment, alarm or distress). The maximum penalty for this offence is a fine of £1,000.
A Bind Over (as mentioned by Aberrant) is not a sentence but an ancillary order available to courts. It is usually used when no offence has been charged on the understanding that a Bind Over will be accepted. (The defendant has to agree to be bound over). However, it can also be used in addition to a sentence an offence has been charged and a conviction obtained.
Miscreants in England & Wales are more usually charged with an offence under Section 5 of the Public Order Act (disorderly behaviour - harassment, alarm or distress). The maximum penalty for this offence is a fine of £1,000.
A Bind Over (as mentioned by Aberrant) is not a sentence but an ancillary order available to courts. It is usually used when no offence has been charged on the understanding that a Bind Over will be accepted. (The defendant has to agree to be bound over). However, it can also be used in addition to a sentence an offence has been charged and a conviction obtained.
Thank you, I have looked on the link given and read what information New Judge gave and would say my question has been very well answered and I have also became more informed about how Breach of the peace/Public order offences. Once again, Thank you to factor30, ABerrant, trailertam and New Judge....your answers have been helpful, thank you.