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#1
02.02.2004, 22:42
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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. |
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#2
02.02.2004, 23:11
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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 |
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#3
03.02.2004, 08:51
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"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 |
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#4
03.02.2004, 09:26
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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. [..] |
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#5
03.02.2004, 12:18
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"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 |
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So - is a parking offence a criminal offence?