Asbo

I will try and remember, bit snowed under atm though.

With regards to the DDA, it is very definately a stated case as, although a few years ago, we had to learn it for our probationer exams.

Originally Posted by Milky Bar Kid

I will try and remember, bit snowed under atm though.

With regards to the DDA, it is very definately a stated case as, although a few years ago, we had to learn it for our probationer exams.

Just dug out my Dangerous Dogs ODL (thanking the Lord whilst doing so that I don't have to do them ever again) and seen on the first page -

"This section does not only apply to public places, but also to private places, if the public at the time have a right of access (e.g. a dog in a private driveway which attacks a postman delivering mail)."

I suppose the question comes down to (as possibly with this driving scenario) what counts as a right of access? Reasonable excuse for being there? If so, there's still no reasonable reason I can think of for thinking a persons own driveway to their dwelling house is a public place. Each case would have to be judged on it's own circumstances I suppose.

I'll wait and see what PINS says.

well when I was arguing my Motorcycle parking ticket while parked on private property it came up that there were some elements of public right of way applied to private property where the public had access to said property.
Don't ask me for the specific law or wording or anything though but apparently it's a little used bit of legislation but still active albeit this was in reference to private property in a corporate sense, not a dwelling.

(in the end I got off an a technicality (misprinted ticket) as the charge stood as I was blocking public right of way / the public highway even though I was on private property)

Hopefully as said you can chat to the chap in question and settle things amicably, if not, take the advice here and you should stay on the right side of the law hopefully.
Sounds like it may be worth also brushing up on how to get the plod on side if they do get called again.

havnt read all the posts....but id slap him hard....i live in a very quiet village with loads of do=gooders...hasnt stopped me riding bikes for 26 yrs and i do all my own spannering, so plenty of idling bikes at mine'...its taxed tested/insured so tell him to feck off....police cant do sod all, as your on ur own property'.....next time u go out to ride, rev the knackers off it, i do

[Red Herring]

Great post Nelson. I was avoiding getting involved as I've had my fingers burnt before on here over slight differences between English and Scottish law/procedure but your legislation around this subject is identical. What I do find interesting is your use of the "detain" power. In England coppers are far to quick to go straight into an arrest and the consequences of that on the detainee (fingerprints/DNA etc) cause all sorts of issues, especially when the allegation is subsequently shown to have been unfounded.

It's just a shame, based on the information we have here, that some common sense hasn't prevailed.

Originally Posted by Nelson

Just dug out my Dangerous Dogs ODL (thanking the Lord whilst doing so that I don't have to do them ever again) and seen on the first page -

"This section does not only apply to public places, but also to private places, if the public at the time have a right of access (e.g. a dog in a private driveway which attacks a postman delivering mail)."

I suppose the question comes down to (as possibly with this driving scenario) what counts as a right of access? Reasonable excuse for being there? If so, there's still no reasonable reason I can think of for thinking a persons own driveway to their dwelling house is a public place. Each case would have to be judged on it's own circumstances I suppose.

I'll wait and see what PINS says.

Didn't get a chance to look up PINS today, will try again tomorrow night.

Yeh, I agree that it will depend on each individual circumstance as to whether it could be reasonably inferred that public have right of access but still think it is possible to argue it.

Originally Posted by Lozzo

No-one ever tells me where I can and can't park legally taxed, MOTd and insured vehicles on the street.

Fook yeah. I had similar grief off a 'neighbour' (not very neighbourly at all!) complaining that I'd parked further down the side street than normal (double yellows outside my house) and this was making life difficult for people who actually lived on the street etc etc etc. He even said himself legally there was nothing stopping me doing it but I really shouldn't as it was making it hard to get in and out of the street etc etc etc.

TBH I should have hired one of the local chavs to stab him, maybe if Ralph wants to chip in we can get them to stab his old geezer too.

Originally Posted by Nelson

Quote:
Is breach of the peace punishable by imprisonment?


Yes. But the definition of a BOP (simplified a bit) is "any person acting in a riotous or disorderly manner to the alarm, annoyance or disturbance of anyone else."

Translated this means that they can use it for any reason they wish and normaly do so.

Speaking on times i've met the law and the diiscussion goes.

Police: how fast where you going there?
Me: 50 (in a 50 by the way)
Police: i had to do 90 to catch you.
Me: you where speeding then and you where about 3/4 of a mile behind me.
Police: if you don't tell me how fast you where going then i'll do you for a breach.
Me: 50.
Police: Get to F*** you little *****.

and this is only one of the many occations i have been threatend with it.

As for the police bashing. i was making a point about the police having to deal with less concerning things like this neighbour being an ass when i'm sure they too would also prefer to be dealing with more meaning full things.

Originally Posted by Milky Bar Kid

Unfortunately people purposely did things like this in the past, resulting in the legislation being put in place. People got booked but then as soon as the cops left started doing it again, hence the seizures being brought into it in the ASB legislation.

It's not easy for Darren to prove that he isn't being anti-social. Darren, are there other neighbours around you? If so, did the cops speak to them? If not then if it happens again and they come to give you your ASB warning, ask them to go and speak to the other neighbours and find out what their views on it are. It'll either back you up, letting the cops go back to their boss and say that the other guy is clearly being unreasonable, or it will reveal that you have perhaps been unreasonable.

Either way it will help. If it shows that you are perhaps being unreasonable, and I am not saying you are, then you will be able to do something about it..ie, not do it again! Or, if it shows the other guy is being unreasonable then it might put a stop to the ASB legislation being utilised.

Just because police have powers doesn't mean they HAVE to use them. Unfortunately, if you give people power, they tend to use it. Decent ones as well as a$$hats. One day people in this country are going to realise they've sold themselves into slavery on the promise of safety. And then it'll be too late to do anything about it. WAKE UP PEOPLE!

Originally Posted by -Ralph-

Yep, those southerners near DUNDEE get loads of ****

The southern police in STRANRAER are really fickle too

Oh, I forgot, Newcastle is as far North as the British Isles goes and Scotland doesn't exist!

The British Isles Go from the Scilly Isles to Shetland. They also include the Republic of Ireland.
http://en.wikipedia.org/wiki/British_Isles

Sorry, attack of pedantry. I often wonder if Scottish Law isn't often made to perversely differentiate that particular country with England. I like all these idiosyncrasies, such as the Heddlu, or Procurators Fiscal. Why we can't either be a proper union or federalise properly I have no idea. The current situation is such a mash-up.

Originally Posted by Red Herring

Great post Nelson. I was avoiding getting involved as I've had my fingers burnt before on here over slight differences between English and Scottish law/procedure but your legislation around this subject is identical. What I do find interesting is your use of the "detain" power. In England coppers are far to quick to go straight into an arrest and the consequences of that on the detainee (fingerprints/DNA etc) cause all sorts of issues, especially when the allegation is subsequently shown to have been unfounded.

It's just a shame, based on the information we have here, that some common sense hasn't prevailed.

As before, powers tend to get used. Checks and balances people.
Of course, if you have nothing to hide...

Originally Posted by metalangel

Fook yeah. I had similar grief off a 'neighbour' (not very neighbourly at all!) complaining that I'd parked further down the side street than normal (double yellows outside my house) and this was making life difficult for people who actually lived on the street etc etc etc. He even said himself legally there was nothing stopping me doing it but I really shouldn't as it was making it hard to get in and out of the street etc etc etc.

TBH I should have hired one of the local chavs to stab him, maybe if Ralph wants to chip in we can get them to stab his old geezer too.

Don't encourage the little bar-stewards, for the love of Mike!

O.P. You have my vote for reasonable behaviour. Don't start a vendetta -it's a life-long commitment!

Originally Posted by Davadvice

Translated this means that they can use it for any reason they wish and normaly do so.

Speaking on times i've met the law and the diiscussion goes.

Police: how fast where you going there?
Me: 50 (in a 50 by the way)
Police: i had to do 90 to catch you.
Me: you where speeding then and you where about 3/4 of a mile behind me.
Police: if you don't tell me how fast you where going then i'll do you for a breach.
Me: 50.
Police: Get to F*** you little *****.

and this is only one of the many occations i have been threatend with it.

As for the police bashing. i was making a point about the police having to deal with less concerning things like this neighbour being an ass when i'm sure they too would also prefer to be dealing with more meaning full things.

I note you are from Glasgow.....in Strathclyde, everything is a breach....!!!