breach of the peace?

#1
just was wondering about the whole criminal convistion thing i'm meant to be joining in september but i was involved in an 'incident' shall we say on saturday night. i was arresstted charged with a breach of the peace and released.what is the stance of the army i know you have to tell them of any criminal convictions before joining. this is my first obviously and i'd like to know has this ruined everything or do different offences get treated differently?
 
#2
paintrain said:
just was wondering about the whole criminal convistion thing i'm meant to be joining in september but i was involved in an 'incident' shall we say on saturday night. i was arresstted charged with a breach of the peace and released.what is the stance of the army i know you have to tell them of any criminal convictions before joining. this is my first obviously and i'd like to know has this ruined everything or do different offences get treated differently?
You have to declare everything but judging by some of the previous that soldiers have today you are probably OK up to murder provided you don't say anything against Blair.
 
#3
Learn to type and use grammar first if you wish to be an Officer.

Go down to the Careers Office and ask them.
 
#4
Xplosiverab said:
Learn to type and use grammar first if you wish to be an Officer.

Go down to the Careers Office and ask them.
Very clever joke there Rab, you missed out a comma. Very subtle, anyone might think you just made a mistake. :wink:
 
#5
A Breach of the Peace is not technically an 'offence' as you agree to be bound over to the Magistrates. If you appear again within 12 months then you pay the amount you agreed to be bound over.

The fact that you appeared before a Magistrate suggests that there was more to this as the police only have the power of detention as long as a likelihood of a BofP can reoccur. If there is no likelihood they should should release you without further issue.

On a stats level this is now seldom used as 'points make prizes' and you should have receieved a fixed penalty for a public order offence. Unless of course you were in private (domestic incident?)

Seek advice - but from memory I don't think BofP is disclosable under Rehabilitation of Offenders Act. Some occupations however ask for all incidents regardless - Police/Crown etc

PS: You have not been charged for this advice :)
 
#6
You have to declare everything but judging by some of the previous that soldiers have today you are probably OK up to murder provided you don't say anything against Blair.
There are already convicted murderers serving in the Army.
 
#7
Quote:
You have to declare everything but judging by some of the previous that soldiers have today you are probably OK up to murder provided you don't say anything against Blair.
There are already convicted murderers serving in the Army.

Previous murder convictions or Scots Guardsmen/Paras ??
 
#10
It totally depends on the severity of the offence and the punishment. You will have to declare you've been charged and you will not be allowed entry until your case has been dealt with. If you are fined, admonished or discharged you will probably be ok. If you are 'bound over' you will not be permitted entry until the binding period has finished.

I'm talking from experience here but it was some time ago and I suggest you double check with the AG's office because things may have changed. Also, if you are given any information which suggests a particular sentence may delay your chosen career you should tell your solicitor because he can ask the judge/sheriff to award in keeping with army practices. The bench doesn't want you to lose out for something trival.
 
#11
GDav's advice is bang on. Most Breach of the Peace 'offenders' are charged, retained overnight and banged before the court at the next available sitting. I am presuming that you have been charged and given a court date? The offence (contrary to Common Law) is recordable and you will have it on record. Under the Rehabilitation of offenders Act most offences can not be taken account after a certain period of time has elapsed. BOTP is such a minor, but I am not aware of how it will factor in your recruitment process. I doubt very much, however that you will be allowed to commence trg whilst still 'bound over' (usually for a year). Ask advice from the local ACIO. Whatever you do you MUST report it to the Army, if you don't the system will find out and bang goes your career (integrity and all that).

By the way....from now on in, walk away from trouble old chap!! LOL

Rgds and best of luck

Jon
 
#12
I'm sure that one of the facets of being 'bound over' is that you must remain within the jurisdiction of the issuing court during the binding period. That's why it's a problem.
 
#13
I should have thought the Army was the perfect place for murderers. They would presumably need far less training in how to kill enemies of the crown. They are simply in need of guidance as to the appropriate time and place.
 
#15
GDav said:
I'm sure that one of the facets of being 'bound over' is that you must remain within the jurisdiction of the issuing court during the binding period. That's why it's a problem.
Not quite sure that's true my friend. If my memory serves, it just means that you don't want to get done for a second BOTP offence (anywhere) during the bind over period. Then again it is a wee while since I wore that particular uniform!
 
#16
I have personal experience of this mate. I do concede things may have changed though.
 
#17
The Army are pretty desperate these days, though don't take this as sound advice! You are not James Blunt trying to re-enlist are you? His music can be deemed an 'incident' in which case you've no chance of getting back in Blunty! You'd want to shag all the lady pads and we've enough young lads already doing that at the moment ta'!
 
#20
Breach of the peace is an offence anywhere. It's just that in Scotland the BOP law is much more encompassing. You can be done up here for causing 'fear and alarm' right through trespass, taking a swing at someone or stalking. In England it's much molre likely to be for rowdy behaviour.
 

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