ChatterBank0 min ago
can the police charge you with breach of the peace
2 Answers
can police be allowed to charge you with a breach of the peace if it was in the confines and privacy of your own home
as i was charged by cops with said offence and the now ex wife who i am divorcing put in a statement to cops i was verbally abusive to her by telling her to p--s off and that she felt i was threatening and intimidating towards her and i have to go to court for trial at end of september 2010
does the law in scotland actually permit malicious prosecutions like this
as i was charged by cops with said offence and the now ex wife who i am divorcing put in a statement to cops i was verbally abusive to her by telling her to p--s off and that she felt i was threatening and intimidating towards her and i have to go to court for trial at end of september 2010
does the law in scotland actually permit malicious prosecutions like this
Answers
Best Answer
No best answer has yet been selected by rangersno1fan. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I believe the situation is no different in Scotland but certainly in England and Wales a “Breach of the Peace” can occur in both public and private places. There is no distinction.
Breach of the Peace is not a statutory offence and is covered by common law. A police constable can arrest a person if he believes a breach of the peace has taken place or is likely to take place. Prosecutions for the offence do not take place. Instead the miscreant is brought before a court to be “bound over” to keep the peace in future. (This does not result in a criminal conviction).
If you say you have been charged with breach of the peace I am surprised. I did not think there was any difference in Scottish Law, but perhaps another AB-er with knowledge of Scottish Law may be able to help.
I note you describe the prosecution as malicious. What makes you say this? Remember, there is a difference between a malicious prosecution and one where you simply do not believe you are guilty.
Breach of the Peace is not a statutory offence and is covered by common law. A police constable can arrest a person if he believes a breach of the peace has taken place or is likely to take place. Prosecutions for the offence do not take place. Instead the miscreant is brought before a court to be “bound over” to keep the peace in future. (This does not result in a criminal conviction).
If you say you have been charged with breach of the peace I am surprised. I did not think there was any difference in Scottish Law, but perhaps another AB-er with knowledge of Scottish Law may be able to help.
I note you describe the prosecution as malicious. What makes you say this? Remember, there is a difference between a malicious prosecution and one where you simply do not believe you are guilty.
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