Swearing at the police.

[anotheoldgit]

http://www.dailymail....ons-swear-police.html

Why shouldn't the Police be able to arrest yobs for using abusive language towards them?

After all if they were to make racist insults to them, they would be able to arrest these thugs on the spot.

[New Judge]

They can, AOG, under Section 5 of the Public Order Act.

Mr Clarke's assertion that they will no longer do so is misplaced and has led to the confusion. His belief that there will be successful appeals against conviction has not been tested and should be in the courts, not by Mr Clarke's advisors. There have been countless convictions under S5 simply for swearing in public and for an appeal against such a conviction to be successful it will take a lot more than one of Mr Clarke's ill-judged remarks.

[anotheoldgit]

Thank you for that Judge, I had heard it on the radio also, so before the Daily Mail haters brigade jump in I thought I would make that known.

[sandyRoe]

Is 'conduct likely to lead to a breech of the peace' no longer an offence?

[sandyRoe]

or a breach of the peace^^^^

[starone]

There is a young man near me who is saving hard to pay the fine he thinks he will get for an offence under Section 5. He said it was for being aggressive towards the police but I think he might have meant abusive. He hasn't been to court yet but accepts that he did the deed.

[boxtops]

If you watch some of these Police Camera Action progs on TV, the police frequently arrest people for abusive language - I hope that doesn't change.

[New Judge]

It will if the proposterous Justice Secretary has his way.

So the police will have to put up with all and sundry shouting and swearing at them whilst they try to maintain order. So that's alright then.

No, sandy, 'conduct likely to lead to a breech of the peace' is not a specific offence in England and Wales, but I believe it is in Scotland.

[ABerrant]

"Breach of the peace" is a common law offence in Scotland, as it is in E+W.

The Criminal Justice and Licensing (Scotland) Act 2010 introduced a new statutory offence of "engaging in threatening or abusive behaviour" to close a loophole whereby BoP fails as an effective tool for conviction in cases of domestic abuse enacted behind closed doors i.e. away from the public.

http://www.scotland.g...ases/2010/10/05134600

[andy-hughes]

Not for the first time, Mr Clarke has got it wrong.

But then, you have to question the judgement of a politician who sees no moral dilema in working as Health Secretary while holding a position on the board of Imperial Tobacco - and smoking cigars in public.

[ELVIS68]

Easy solution....swear at a policeman = baton over the head

[New Judge]

No, AB, it is not an offence in England and Wales.

The police have powers to arrest someone to prevent a breach of the peace. Occasionally the CPS brings a miscreant to court and ask that he be “bound over to keep the peace”. But no criminal offence is charged or conviction recorded in these circumstances.

This article (albeit from Wikipedia) explains the situation quite clearly:

http://en.wikipedia.o...i/Breach_of_the_peace

The relevant passage is how I understand the situation:

“The only immediate sanction that can be imposed by a court for breach of the peace is to bind over the offender to keep the peace: that is, justices of the peace can require a person to enter into a recognizance to keep the peace. Any punishment (in the sense of a loss of freedom or permanent financial penalty) takes the form of loss of the surety if the defendant fails to keep the peace or be of good behaviour during the period for which he is bound over. The binding over itself does not amount to a conviction (but any following behaviour causing loss of the surety might well result in conviction for an associated offence). A failure to enter into a recognizance may of itself lead to a person being committed to custody under s.115(3) Magistrates Court Act 1980.”

The interesting point is the last one which explains that a peron may be committed to custody for refusing to be bound over even though he may not have been charged or convicted of any offence.

The situation is different in Scotland.

[Answerprancer]

.

http://www.youtube.com/watch?v=5eBT6OSr1TI

[ABerrant]

NJ - My quandry seems to be how to describe an action for which you can be arrested and bound over without use of the word "offence", so to clarify my point about England and Wales, breach of the peace is a common law "concept" for which a person may be arrested and bound over.

[New Judge]

Agreed, AB.

[Electrochem]

I hate hearing people swearing in public. The police have the right to carry out their duties without abuse. That said, many police officers seem to go about the job in a cavalier fashion. I get more than a bit annoyed when I hear the police using bad language, as seen on many of the TV programmes about their work. You need to show a good example. Perhaps they are playing up for the cameras.

The other thing that drives me insane is the amount of them who constantly go around chewing gum, like a cow chewing the cud! I was always taught that it was unacceptable to stand talking to someone with you mouth going round like a cement mixer.