Breach of the peace

[northernmonkey]

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

[factor-fiction]

Don't know for sure but i thought it was a criminal offence not a civil offence. I'm wondering why you need to know if it's a Common Law offence?

[ABerrant]

It is a common law offence which may result in a bind over order.

http://www.wikicrimel...e=Breach_of_the_peace

[northernmonkey]

ABerrant, thank you for the link.

Factor30, I was just asking because like I mentioned in the Question, A police officer told me that you can't be charged with breach of the peace yet I know few people who've been charged with it.

[trailertam]

Depends where you stay. Under Scots Law, a Breach of the Peace is a crime at common Law, and is committed by anyone in a public place, who conducts themsleves in a riotous or disorderly manner to the alarm or annoyance of the leiges, and being a common Law crime is punishable by imprisonment.

[New Judge]

Miscreants in England & Wales are more usually charged with an offence undersection 5 of the Public Order Act.

[New Judge]

[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.

[northernmonkey]

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.