The "Freeola Customer Forum" forum, which includes Retro Game Reviews, has been archived and is now read-only. You cannot post here or create a new thread or review on this forum.
I was asked by my Inspector to make a short "reminder" on breach of the peace. Well, this is a little of what I came up with.
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
****************************************
Does this make interesting reading?
No, but it has nothing to do with religion!
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
****************************************
Does this make interesting reading?
No, but it has nothing to do with religion!
Page:
So long as your name is in it Frosty! ;-)
Then again, you've sort of lost your touch.
The old Forest Fan would've gone onto God's law by now, telling us that God doesn't arrest us for braeking the peace, merely just burning us for eternity when we rest in peace...
... oh, and that scruffy hair really is a sin! ;-P
Then again, you've sort of lost your touch.
The old Forest Fan would've gone onto God's law by now, telling us that God doesn't arrest us for braeking the peace, merely just burning us for eternity when we rest in peace...
... oh, and that scruffy hair really is a sin! ;-P
This thread will probably end up being a "religious" one now, because all threads seem to end up that way.
I'm always right!
And don't you forget it! ;-P
And don't you forget it! ;-P
Strafio's right.
Sort of... but it doesn't open conversation.
Where's the controversy? ;-D
Talking of it though, the other day I was walking home and a police car was going by, it stopped up the road and the two guys got out and started walking up to me.
I thought it was strange because I hadn't been approached by police before.
One of the asked me if he knew me, I looked "familiar".
Now the way I was thinking was that this just meant he'd seen me before, and recognised me, perhaps come into a shop where I worked or something. So a shrugged and said "I am?".
"Do I know you from anywhere at all? Anywhere?"
"Don't think so..."
"Is there anyway I might have seen you before?"
By this time I was getting sort of confused and started to look at him sort of funny.
"Not really... is something wrong? Has something happened?"
"No, you just look familiar, that's all."
"oh..."
an awkward silence... then he tried again:
"Do you live around here?"
"Yeah, I live just down the road across the park."
"Do you have anything on your to prove that you live down there?"
I check pockets.
"Not on me, except my keys."
"And you live down there. Have you always lived down there?"
"For about 5 or 6 years, yeah."
"You just look familiar, that's all..."
"oh..."
"Is there anywhere I might know you from? Have you been on bail or down the station over the last 6 months?"
That's when I caught on. They didn't recognise me at all, they just thought I looked like riffraff - the cheeky beggars!
But hey, I had nothing to hide, so I just decided to answer the questions with a smile, treat it like chit chat...
"Hehe, no. Never. :-)"
"Anywhere else I might've seen you?"
"I can't think of anywhere, nopes. Anything else? :-)"
"Hmmm..."
The guy who'd done the talking so far looked to his mate and said:
"You've seen him, is it him?"
"Nah. He looks like him but it's not him."
"Hehe. Have I got an evil twin walking around? What's he done? :-)"
"Thanks for your time."
And they started walking off...
"Bye, and good luck getting the guy! :-)"
My mum tells me it's because I was walking around with long scruffy hair and a nice ski-coat, made me look like I was up to no good.
She said it was like black people being pulled over in America...
But hey, she tries everything to try and make me get a haircut! ;-D
Where's the controversy? ;-D
Talking of it though, the other day I was walking home and a police car was going by, it stopped up the road and the two guys got out and started walking up to me.
I thought it was strange because I hadn't been approached by police before.
One of the asked me if he knew me, I looked "familiar".
Now the way I was thinking was that this just meant he'd seen me before, and recognised me, perhaps come into a shop where I worked or something. So a shrugged and said "I am?".
"Do I know you from anywhere at all? Anywhere?"
"Don't think so..."
"Is there anyway I might have seen you before?"
By this time I was getting sort of confused and started to look at him sort of funny.
"Not really... is something wrong? Has something happened?"
"No, you just look familiar, that's all."
"oh..."
an awkward silence... then he tried again:
"Do you live around here?"
"Yeah, I live just down the road across the park."
"Do you have anything on your to prove that you live down there?"
I check pockets.
"Not on me, except my keys."
"And you live down there. Have you always lived down there?"
"For about 5 or 6 years, yeah."
"You just look familiar, that's all..."
"oh..."
"Is there anywhere I might know you from? Have you been on bail or down the station over the last 6 months?"
That's when I caught on. They didn't recognise me at all, they just thought I looked like riffraff - the cheeky beggars!
But hey, I had nothing to hide, so I just decided to answer the questions with a smile, treat it like chit chat...
"Hehe, no. Never. :-)"
"Anywhere else I might've seen you?"
"I can't think of anywhere, nopes. Anything else? :-)"
"Hmmm..."
The guy who'd done the talking so far looked to his mate and said:
"You've seen him, is it him?"
"Nah. He looks like him but it's not him."
"Hehe. Have I got an evil twin walking around? What's he done? :-)"
"Thanks for your time."
And they started walking off...
"Bye, and good luck getting the guy! :-)"
My mum tells me it's because I was walking around with long scruffy hair and a nice ski-coat, made me look like I was up to no good.
She said it was like black people being pulled over in America...
But hey, she tries everything to try and make me get a haircut! ;-D
Yep, I glanced through it, picked up some useful information in a minute.
In one minute?
It was interesting, but I only glanced through it.
I was asked by my Inspector to make a short "reminder" on breach of the peace. Well, this is a little of what I came up with.
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
****************************************
Does this make interesting reading?
No, but it has nothing to do with religion!
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
****************************************
Does this make interesting reading?
No, but it has nothing to do with religion!
Page: