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Started by torlum, 11-10-23, 07:43PM

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torlum

Evening all,

Does anyone have any idea on a Dotcom Drivers ability to continue in their role after receiving a conviction for a low level offence?

It would flag up on a DBS check ultimately but how would Tesco and their policies deal with that?

Breach of the peace to be precise.

lucgeo

It shouldn't come up on any DBS checks as it's not a criminal offence so does not need mentioning to anyone in Tesco... :-X

Breach of the Peace is not a criminal offence: you can be arrested, but you cannot be charged.

The police have the power to detain or arrest you if a "breach of the peace" has occurred, or to prevent it from occurring. A breach of the peace is defined as "an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done." They must release you once the threat of the breach of peace has passed.

If arrested for breach of the peace, you should not give any personal details. The police will try and persuade you to do so, but you are not legally obliged to give details (or DNA or fingerprints). Because you must be released once the threat of a breach of the peace is over, even if you have not given your name and address, that cannot be a reason for the police to hold on to you.
Live for today. Learn from yesterday.

jgerry

Quote from: lucgeo on 12-10-23, 07:46AMIt shouldn't come up on any DBS checks as it's not a criminal offence so does not need mentioning to anyone in Tesco... :-X

Breach of the Peace is not a criminal offence: you can be arrested, but you cannot be charged.

The police have the power to detain or arrest you if a "breach of the peace" has occurred, or to prevent it from occurring. A breach of the peace is defined as "an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done." They must release you once the threat of the breach of peace has passed.

If arrested for breach of the peace, you should not give any personal details. The police will try and persuade you to do so, but you are not legally obliged to give details (or DNA or fingerprints). Because you must be released once the threat of a breach of the peace is over, even if you have not given your name and address, that cannot be a reason for the police to hold on to you.
is that fact or a google search regarding being arrested for breach of peace?

lucgeo

Both  8-)

What's your point ???
Live for today. Learn from yesterday.

jgerry

Quote from: lucgeo on 12-10-23, 05:41PMBoth  8-)

What's your point ???
my point is don't believe everything you read on VLH...

lucgeo

Instead of trying to be so enigmatic, feel free to divulge.

Breach of the peace is NOT a criminal offence!
Live for today. Learn from yesterday.

torlum

#6
Quote from: lucgeo on 12-10-23, 08:47PMInstead of trying to be so enigmatic, feel free to divulge.

Breach of the peace is NOT a criminal offence!
Under section 38 subsection 1 it is a breach of the peace which took place at home. Arrested and charged.
Under certain disposals convictions will show as spent or unspent on a back ground check, ergo unspent potential demotion, spent - no need to declare to employer.

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