I'm needing some advice plz

[gerry]

I was wondering if anyone can give some advice here.I just found out earlier on today that my good friend got into an altercation with another person when he was out on Saturday night.It has something to do with an attempted theft of a mobile phone.The police got involved & according to my mate he was charged with breach of the peace there & then.He gave the police his name & address.Once he gave over his details the cop told him to get a taxi up the road.This happened out in the street, he wasn't taken to the police station & he seems to think that  what he said to the police wasn't written down.My mate has never been in bother with the police before.What are the chances of this reaching court?.He's a nervous wreck just now & is having trouble sleeping.This is totaly out of character for him but sadly he was drunk at the time of the incident.Can anyone offer any advice?.

[KebabMeister]

I think he would have had to have been arrested and taken to the police station for him to be charged formerly with Breach of the Peace.  They've probably taken his details under a new system where if he gets in trouble within 6 months then he'll be arrested straight away.

If he is so distraught then the best thing for him to do is go to the local police station and make an apology and explain what happened.  The police may be a little confused initially but I'm sure they'll apreciate any effort to apologise and identify the problem and they'll probably sit down and basically say 'don't do it again'!

[slimfandango]

Negative. Do not go to the police station.

[helinoz]

Similar thing happened to my mate only she was taken to police st and put in a cell!! However, nothing bad happened she was fined 80 quid for breach of the peace but this is not a conviction and she was not charged or anything.[just like parking fine] i suspect something similar may happen if anything at all. An apology at the police st probably wouldnt do any harm either!

[abfandango]

I would see a lawyer before going anywhere near the nick.

Sometimes the police don't like it if you 'come and see them'. If they can't find you, they have an excuse for not charging you or arresting you. If you show up, they may have to. You don't want charged/arrested, and they MAY NOT WANT TO DO SO, but now have to, because you are there. Think very carefully about this.

[Octavius]

In order to prevent breaches of the peace, the police may take action. Any person may enter premises without a warrant where a breach of the peace is being committed, or to prevent such a breach.

A constable may arrest anyone committing a breach of the peace in his presence, or he reasonably believes will commit such a breach in the immediate future, or when a breach of the peace has been committed and it is reasonably believed that a renewal of it is threatened. (Common Law Arrest)

Breach of the peace has become a flexible charge, leading to criticism that it is a catch-all offence for police when none other is available.

The power of arrest here is essentially therefore a private one. Of course, after arrest under the common law power there is nothing to prevent the person being charged under S4 or 5 of the Public Order Act 1986 or new sections of the CJA

Max. Sentence Magistrates Court : Bind over to keep the Peace
Method of Trial : Summarily
Power of Arrest : Common Law Arrest

[Octavius]

More info here:

http://www.cps.gov.uk/legal/section11/chapter_a.html

[adydb]

Octavious....You quoted PACE (Police And Criminal Evidence Act)....That just states powers of arrest, looking at the 'crime' I really wouldn't have thought that would apply.....

 

Basically your friend was put into a cab to vacate the scene, and to PREVENT further breach of the peace......thats it end of story---If you were going to be charged it would have been there and then, a quiet night for the Police and it may have been different, but i'd say that copper can't even remember which page it was written on.

[OBonio]

Sounds like the copper was just putting the willies up him to get him either calm down ro diffuse the situation.  Basically, wise up or get arrested sunshine.

[skelly]

A similar thing once happened to me while having a weekend away with some mates and the incedent was totally my fault. Anyway, the police took my details (no prison cells involved) and told me to be on my way. A few weeks later I got a letter through the door asking me to pay �50 or else I could appear in court to explain my actions. Naturally I sent off a cheque for �50 and that was the last I heard of it. (I had no excuse for pi$$ing in the Tesco's entrance foyer). Anyway, tell him to sit tight, if he wasn't charged, unless the other person wants to now press charges, the worst he'll get is a fine.

[monkeychoo]

Yep, if there was no arrest or instructions given to present himself at the police station at another time then he's got nothing to worry about. Most policemen like to scare people into thinking that if they don't vacate the scene they will be charged, but in truth they need evidence and witnesses, and not to mention a huge amount of paperwork. Understandably they'd rather he just went away and any trouble dispersed. If your mate hasnt heard from them by now its exremely unlikely there will be any comeback