How Long Does A Fixed Penalty Disorder Stay On Your Record For?

[Mike25]

Me and a friend got into a drunk argument and got lifted and fined 40 pounds for breach of the peace. How long will it take to become spent and will it prevent a holiday visa to the states.

Thanks in advance

[TonyV]

If you were just fined £40 for breach of the peace, don't think it will affect your visa application, just contact the USA embassy to check.

[jno]

"Under US Immigration law, if you have been arrested at any time, you are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, you may be permanently ineligible to receive a visa. If you are permanently ineligible, in order to travel, a waiver of the permanent ineligibility is required.
"The Rehabilitation of Offenders Act does not apply to the United States visa law. Therefore, even travellers with a spent conviction are required to declare the arrest and/or conviction."

https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/

[New Judge]

I take it that it was in Scotland. There is no such offence as "Breach of the Peace" in England & Wales.

The USA is not subject to the terms of the Rehabilitation of Offenders' Act (which determines when an offence becomes "spent"). You'd need to ask their embassy how they view such matters.

[jno]

you're not eligible under the visa waiver programme

https://hub.unlock.org.uk/knowledgebase/travelling-us-need-visa/

so you need to fill out the online form and book an interview at the embassy. But even if the embassy give you the OK you might still be turned back on arrival.

Alternatively, you could apply for a visa waiver and lie on the application form. I've no idea what your chances of getting away with it are, but probably quite high.

[retrocop]

Lol NJ
I still recall an ex Glasgow police officer in my class at Hendon back in the 60s. Most of us were young ex cadets (spit) and he had about 8 years previous service. We had to have role play scenarios where the instructors played the stooges.
If we were doing a Wilful Damage scenario where the accused was arguing with the aggrieved and the accused failed to desist we were expected to use the Power of Arrest within the Act.Our Instructors always pulled their hair out as Jock never failed to arrest his man. When asked what he arrested the stooge for he just replied. 'For Breach of the Peace Serge' Some of us wondered if it was worth transferring as the law was so easy to execute up North. Not so many different ingredients and Powers of Arrest to Learn. :-)

[THECORBYLOON]

This link suggests folk can be arrested (but not charged) for a breach of the peace.

https://www.inbrief.co.uk/offences/breach-of-the-peace/

[New Judge]

In England & Wales a police officer can arrest someone in order to prevent a breach of the peace but there is no such offence with which he can be charged.

[dannyk13]

//Since breach of the peace is not a criminal offence, it is not punishable either by a fine or imprisonment and proceedings for breach of the peace do not give rise to a conviction. Magistrates, however, can bind someone over to keep the peace//

[New Judge]

//Magistrates, however, can bind someone over to keep the peace//

Indeed they can. But in order to get them there the police must firstly charge the accused with an offence and, as stated, "Breach of the Peace" is not an offence. They cannot order somebody to attend court simply to be bound over. What usually happens is that they are charged with a relevant offence (such as drunk and disorderly, for example) and then when in court the prosecutor will offer to discontinue the prosecution provided the defendant agrees to be bound over.

[Toorak]

Breach of the peace is an offence in Scotland but the police can issue a fixed penalty notice - especially in the case of a first offender for a minor offence - as a direct alternative to prosecution. I am assuming that is what happened here.

https://www.mygov.scot/police-fiscal-warning-penalty/

[dannyk13]

In my force anyone arrested for a breach of the peace was kept in the cells overnight and then released.

[retrocop]

Well it's not used in the Met.That is why the TS instructors pulled their hair out when Jock couldn't think of the right answer to the scenario and settled it with a breach. :-)

[THECORBYLOON]

From my link, "It is now widely accepted that the correct definition for breach of the peace is that which was given in the case R v. Howell (1981), ie, that the behaviour of the person involved caused the police officer (or private citizen) to believe that:

a breach of the peace had or would occur; and that"

There must be such a thing as "breach of the peace" if folk can be arrested for it, even under English Common Law.

[New Judge]

I don't think there is any dispute that there is such a "thing" as a breach of the peace, Corby. But in England & Wales it is not a specific criminal offence for which one can be prosecuted. Police officers (and other citizens) have the power to arrest a person to prevent a breach of the peace or to prevent the breach continuing if it had already begun. But if a breach occurred one cannot be prosecuted for it. If a prosecution was deemed necessary it would be for something else.

[THECORBYLOON]

I cannot see why the police instructors thought the Scots policeman was doing something wrong when "arresting" someone for breach of the peace in the training sessions since it IS an arrestable offence.