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Can a pcso arrest for Breach of the peace?

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Can a pcso arrest for Breach of the peace?

Post by falkor » Fri Mar 21, 2014 7:22 pm

[ external image ]
Eric Joyce says he sorry and embarrassed after admitting abusive behaviour at Edinburgh airport.

The Falkirk was fined £1,500 at Edinburgh Sheriff Court after pleading guilty to one charge of breach of the peace
====================
if a PCSO had witnessed the breach of the peace ..... could he have made the arrest??
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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Sat Mar 22, 2014 12:35 am

Doubt it, there are no PCSOs in Scotland.

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Re: Can a pcso arrest for Breach of the peace?

Post by PI & GI » Sat Mar 22, 2014 11:39 pm

CORECT, but its an anyperson power
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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Sat Mar 22, 2014 11:40 pm

...and how does that apply in Scotland?

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Re: Can a pcso arrest for Breach of the peace?

Post by falkor » Mon Mar 24, 2014 8:14 pm

If a PCSO were to witness a breach of the peace in Scotland they would not have a power of arrest, because in Scotland it needs a PC to make an arrest for breach of the peace info here whereas in England and Wales all citizens, not just the police, are able to make an arrest to stop or prevent a breach of the peace. However, extreme caution should be taken before making such an arrest, because if the arrest is not lawful the individual making the arrest could be liable for false imprisonment. An arrest for an anticipated breach of the peace will only be lawful if the threat of the breach is imminent. info here

So from that it can be seen that any PCSO in England and Wales may arrest for breach of the peace, if they travel to Scotland they cannot make the arrest, they must call a PC to make the arrest.
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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Mon Mar 24, 2014 8:18 pm

Long way to go for nothing.....

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Re: Can a pcso arrest for Breach of the peace?

Post by JimmyRiddle » Sun Mar 30, 2014 9:40 pm

The difference is that in England/Wales a BoP is where you have reasonable belief that harm will be done to yourself of others, or damage to property in his (owner's) presence or where someone fears harm will be caused through riot, affray or any other kind of disorder. The BoP has to be imminent, taking place or likely to reoccur. BoP stopping means you have to dearrest them. This is not strictly an any person power (this suggests s24A PACE) but common law where you are using the exact same power as a Constable (they weren't even on the horizon when common law started to emerge - 11th century).

A BoP in Scotland is basically what we'd call S5 or 4A Public Order Act 1986. Not citizen's arrestable unless the 4A or above is racially aggravated.
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Mon Mar 31, 2014 11:09 am

And?

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Re: Can a pcso arrest for Breach of the peace?

Post by JimmyRiddle » Mon Aug 25, 2014 5:11 am

Bert Moffat wrote:And?
My point was that there is little difference between a common law power and an any person, but the distinction is still there and should be remembered. That's all!
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

I'm a PCSO, I will WATCH you get your head kicked in (as per force policy)

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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Mon Aug 25, 2014 8:00 am

But it's not common law any more, Breach of the Peace in Scotland was replaced four years ago:

Criminal Justice and Licensing (Scotland) Act 2010
38 Threatening or abusive behaviour

(1)A person commits an offence if
(a)A behaves in a threatening or abusive manner,
(b)the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and
©A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.

(2)It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable.

(3)Subsection (1) applies to
(a)behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and
(b)behaviour consisting of
(i)a single act, or
(ii)a course of conduct.

(4)A person guilty of an offence under subsection (1) is liable
(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

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Re: Can a pcso arrest for Breach of the peace?

Post by JimmyRiddle » Sat Aug 30, 2014 7:32 am

Bert Moffat wrote:But it's not common law any more, Breach of the Peace in Scotland was replaced four years ago:
Still a different meaning and common law in England / Wales boyo!
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

I'm a PCSO, I will WATCH you get your head kicked in (as per force policy)

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Re: Can a pcso arrest for Breach of the peace?

Post by Bert Moffat » Sat Aug 30, 2014 5:30 pm

The OP is referring to Scotland, not England or Wales.

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