So is a parking offence a criminal offence?

A follow-up from "is speeding a criminal offence"
above.

The answer to "have you a criminal record?" is getting
exceedingly long.

And if parking is - at what point did i loose my
right to draw it out over a 4 week jury trial at
the Old Bailey ?

Simon T.

On Mon, 02 Feb 2004 22:42:09 +0000, "Simon T." <xxxx> wrote:

>So is a parking offence a criminal offence?

No. Generally parking offences are a breach of local bye-law and
similar regulations rather than statute

>A follow-up from "is speeding a criminal offence"
>above.

Yes, it is.

>The answer to "have you a criminal record?" is getting
>exceedingly long.

Whether speeding gives you a criminal record is something of a grey
area, depending on how you define the expression. Its a criminal
offence, and if asked has to be disclosed unless its spent. But
because its not recorded on the PNC, some people argue that that
precludes it from being on a criminal record.

You pays your money and takes your choice.

Brian

"bigbrian" <harry8611> wrote in message
news:ruit
> On Mon, 02 Feb 2004 22:42:09 +0000, "Simon T." <xxxx> wrote:
>> No. Generally parking offences are a breach of local bye-law and
> similar regulations rather than statute
>> Yes, it is.
>> Whether speeding gives you a criminal record is something of a grey
> area, depending on how you define the expression. Its a criminal
> offence, and if asked has to be disclosed unless its spent. But
> because its not recorded on the PNC, some people argue that that
> precludes it from being on a criminal record.
>Brian

That's becuase there are at least two different questions:

have you ever been convicted of a criminal offence?

- yes if convicted of speeding; probab ly not for a parking offence.

do you have a criminal record?

apparently not for a speeding offence, because no record ket.

Also of course all suchb offences are subject to Rehabilitation of Offenders
Act 1974

Andrew McGee

bigbrian <harry8611> wrote in message news:ruit
> On Mon, 02 Feb 2004 22:42:09 +0000, "Simon T." <xxxx> wrote:
>
> >So is a parking offence a criminal offence?
>
> No. Generally parking offences are a breach of local bye-law and
> similar regulations rather than statute

Many parking offences are breaches of the Road Traffic Regulation Act
1984, which is a primary Act of Parliament. However, this distinction
is not important. Breach of a bye-law or Statutory Instrument can be a
criminal offence, since there will be a section in the primary
legislation (an Act of Parliament) saying that the SI or bye-law shall
have effect. Thus, breach of the secondary legislation (SI or bye-law)
will be a breach of the primary Act.

Even so, it is not necessary to act in contravention to an Act of
Parliament in order to commit a criminal offence. If it were so, then
many pieces of secondary legislation would be unenforceable.
[..]

"David Keates, LLB" <david> wrote in message
news:65bf
> bigbrian <harry8611> wrote in message
news:ruit
>
> Many parking offences are breaches of the Road Traffic Regulation Act
> 1984, which is a primary Act of Parliament. However, this distinction
> is not important. Breach of a bye-law or Statutory Instrument can be a
> criminal offence, since there will be a section in the primary
> legislation (an Act of Parliament) saying that the SI or bye-law shall
> have effect. Thus, breach of the secondary legislation (SI or bye-law)
> will be a breach of the primary Act.
>
> Even so, it is not necessary to act in contravention to an Act of
> Parliament in order to commit a criminal offence. If it were so, then
> many pieces of secondary legislation would be unenforceable.

And many parking contraventions occur in areas where parking controls
have been decriminalised, so it's not even correct to refer to them as
offences.


Robin