Is there a charge that can be brought, Using language liable to lead to a breach of the peace...

[sandyRoe]

...or is it behaviour liable to lead?
If Andrew Mitchell had been arrested by the officer he was abusing and charged with the above it would have put manners on him.

[Svejk]

Had to smile,'put manners on him'.
Very NI, or do others use this expression.

[albaqwerty]

I thought the Tories were planning to pass a law where it wouldn't be an arrestable offence to insult the police?

[sandyRoe]

They could have got him for no bell on his bicycle, or no lights. The police can always find a reason if they want an arrest.

[RATTER15]

I think they can bring a charge for either, language or behaviour, a breach of the peace is just that!

[Gromit]

I do not know because I was not there (and nor were any of you) but perhaps the Policeman deserved to be swore at.

What exactly is the rule about entering Downing Street by Bicycle? Did he break any rule? He says he had entered through the main gates mant times before and had no problem with previous Policemen letting him do it if this Policeman was stopping him doing something which is lawful then it is understandable he was cross.

[ludwig]

// perhaps the Policeman deserved to be swore at. //

I doubt it - what might he have done to have deserved that? Even if he'd stopped him doing something that he'd always been allowed to do, a mature non-arrogant person would have calmly explained that, complied with the officers instructions (they're in charge of security after all - not him), and then perhaps taken it up with one of the senior people on the gate another time.

I'm not surprised you're siding with the cyclist in this incident though gromit.

[New Judge]

In England and Wales although a police officer can arrest a person for behaviour likely to cause a breach of the peace you cannot be charged with it. His powers of arrest are only available to prevent a breach of the peace but there is no such charge available (although I believe there is in Scotland).

Should Mr Mitchell have been charged he would probablt been accused of an offence under Section 5 of the ublic Order Act.

[Gromit]

Ludwig,

I am not coming from this as a cyclist.

If I did It seems strange the policeman told the cyclist to use the pavement.

[FredPuli43]

The offence is the common law one of being a self-important prat in a public place with intent to cause insult, I think ! Would have to argue that this wasn't in a 'public place', because the other elements are proved.Andrew Mitchell (Rugby School, Royal Tank Regiment, Jesus College, Cambridge; President of the Union) does wonders in removing the image of Cameron's appointees as toffs. No true patrician would be so lacking in manners to the 'sons of toil[! 'Pleb' indeed !

No charge likely, unfortunately, because the courts have taken the view that no officer is likely to be caused alarm or distress by four letter, vulgar abuse, directed at them alone.

[anotheoldgit]

Tough call this one is for some, do they side with the POLICE or a TORY?

[sandyRoe]

The German's have a word for it: 'schadenfreude'. :-)

[RATTER15]

TY New Judge, I stand corrected.

[Kerosene]

Post 1: "I do not know because I was not there (nor were any of you)"

Post 2: "..It seems strange the policeman told the cyclist to use the pavement"

Mmmmmmmmmmhhhhhhhhhh.........................
..


Talk about having your cake and eating it?

[sandyRoe]

An incident like this presents the impartial onlooker with an embarrassment of riches. A MP with an overinflated sense of his own importance V a 'jobsworth' copper. You wouldn't know who to boo.

[Kerosene]

I totally agree with New Judge that the appropriate offence, if any, should be Section 5 of the Public Order Act. It was introduced sometime in the mid 1980s? - while I was still a Police Officer - and was seen as the type of offence to help operational Officers deal with ongoing disturbances particularly in public places, as its title suggests.

I made quite a few arrests under S5 myself and it was always very handy, for example, for the yobs gobbing off and swearing in the street, that type of thing.

My only slight reservation in this particular instance is that S5 is overwhelmingly used when an alleged offence is actually in progress, i.e. at the time, and it would be unusual as a rule for it to be brought retrospectively. There are, however, other possible offences which could also be considered - if it comes to that.

[ludwig]

// If I did It seems strange the policeman told the cyclist to use the pavement. //

Is that what happened? I thought he just told him he'd have to get off and wheel the bike through the side gate as he didn't want to open the main ones.

The minister obviously took offence to this as he's used to being waved through the main gate and saluted on the way as befits a man of his position. He didn't get where he is today by getting off his bike and wheeling it ten yards through the side gate and then getting back on it again.