Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). These days all
offences are arrestable. Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

archytas wrote:
Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). These days all
offences are arrestable. Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

Putting:

"housing act" " arrestable offence"

into Google produces a lucky first hit of
http://www.opsi.gov.uk/acts/acts2005...20050015_en_26 which includes
among the many amendments:

Housing Act 1985 (c. 68)
45 In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out
grounds upon which a court may, if it considers it reasonable, order
possession of dwelling-houses let under secure tenancies), in Ground 2,
in paragraph (b)(ii), for "arrestable" substitute "indictable".


That the one you have in mind?



--
Robin

Mon, 13 Oct 2008 06:30:06

uk.legal.moderated archytas

Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). These days all
offences are arrestable. Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

You've muddled up your latter. I am not sure what you are asking.

--
Wm...
Reply-To: address valid for at least 7 days

On Mon, 13 Oct 2008 06:30:06 +0100, archytas
wrote:

Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). These days all
offences are arrestable. Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

It isn't "all offences". It is "all indictable offences" - i.e. those
which can be tried at crown court rather than only at magistrates
court.

But yes, the Act which changed that (Serious Organised Crime and
Police Act 2005) also amended all the other known laws which referred
to "arrestable" offences so that they now refer to "Indictable
offences".
--
Alex Heney, Global Villager
If a program is useful, it must be changed.
To reply by email, my address is alexATheneyDOTplusDOTcom

On 13 Oct, 14:15, "neverwas" wrote:
archytas wrote:
Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). *These days all
offences are arrestable. *Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

Putting:

"housing act" " arrestable offence"

into Google produces a lucky first hit ofhttp://www.opsi.gov.uk/acts/acts2005/ukpga_20050015_en_26which includes
among the many amendments:

Housing Act 1985 (c. 68)
45 In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out
grounds upon which a court may, if it considers it reasonable, order
possession of dwelling-houses let under secure tenancies), in Ground 2,
in paragraph (b)(ii), for "arrestable" substitute "indictable".

That the one you have in mind?

--
Robin

I think this is the other way round Robin. The 1985 act used the term
indictable and this was later substituted with arrestable. We have
criminal neighbours and are almost exhausted in trying to deal with
the relevant authorities.

On 13 Oct, 21:35, Alex Heney wrote:
On Mon, 13 Oct 2008 06:30:06 +0100, archytas
wrote:

Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). *These days all
offences are arrestable. *Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

It isn't "all offences". It is "all indictable offences" - i.e. those
which can be tried at crown court rather than only at magistrates
court.

But yes, the Act which changed that (Serious Organised Crime and
Police Act 2005) also amended all the other known laws which referred
to "arrestable" offences so that they now refer to "Indictable
offences".
--
Alex Heney, Global Villager
If a program is useful, it must be changed.
To reply by email, my address is alexATheneyDOTplusDOTcom

By latter I meant to ask whether the term arrestable has changed away
from (more or less) indictable - thus arrests for police assault and
so on might count. I'll check out the SOSPC - it seems fairly typical
of lack of clarity in law!

On Tue, 14 Oct 2008 17:30:12 +0100, archytas
wrote:

On 13 Oct, 14:15, "neverwas" wrote:
archytas wrote:
Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). *These days all
offences are arrestable. *Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

Putting:

"housing act" " arrestable offence"

into Google produces a lucky first hit ofhttp://www.opsi.gov.uk/acts/acts2005/ukpga_20050015_en_26which includes
among the many amendments:

Housing Act 1985 (c. 68)
45 In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out
grounds upon which a court may, if it considers it reasonable, order
possession of dwelling-houses let under secure tenancies), in Ground 2,
in paragraph (b)(ii), for "arrestable" substitute "indictable".

That the one you have in mind?

--
Robin

I think this is the other way round Robin. The 1985 act used the term
indictable and this was later substituted with arrestable. We have
criminal neighbours and are almost exhausted in trying to deal with
the relevant authorities.

You think wrong.

The term was arrestable prior to the 2005 Act.

Since when, it has been all indictable offences, rather than
"arrestable".
--
Alex Heney, Global Villager
User Error: replace user and press any key to continue.
To reply by email, my address is alexATheneyDOTplusDOTcom

On Tue, 14 Oct 2008 17:35:07 +0100, archytas
wrote:

On 13 Oct, 21:35, Alex Heney wrote:
On Mon, 13 Oct 2008 06:30:06 +0100, archytas
wrote:

Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). Â*These days all
offences are arrestable. Â*Does anyone know if the use of the term
arrestable offence in Housing Acts now means the latter?

It isn't "all offences". It is "all indictable offences" - i.e. those
which can be tried at crown court rather than only at magistrates
court.

But yes, the Act which changed that (Serious Organised Crime and
Police Act 2005) also amended all the other known laws which referred
to "arrestable" offences so that they now refer to "Indictable
offences".

By latter I meant to ask whether the term arrestable has changed away
from (more or less) indictable - thus arrests for police assault and
so on might count. I'll check out the SOSPC - it seems fairly typical
of lack of clarity in law!

This law is perfectly clear.

Your idea of "latter" wasn't :-)

The simple fact is that prior to the 2005 act, citizen's arrests were
legal only for "arrestable" offences. Since the introduction of that
act, they have been legal for all "indictable" offences, and the
concept of "arrestable" offence has been removed from the statute
books.

And in particular, for the act in which you are interested, schedule 7
of SOCPA 2005 amends it as follows:
---------------------------------------------------
Housing Act 1985 (c. 68)

45
In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out
grounds upon which a court may, if it considers it reasonable, order
possession of dwelling-houses let under secure tenancies), in Ground
2, in paragraph (b)(ii), for “arrestable� substitute “indictable�.
---------------------------------------------------
--
Alex Heney, Global Villager
Give me ambiguity or give me something else!
To reply by email, my address is alexATheneyDOTplusDOTcom

Alex Heney wrote:
On Tue, 14 Oct 2008 17:35:07 +0100, archytas
wrote:

On 13 Oct, 21:35, Alex Heney wrote:
On Mon, 13 Oct 2008 06:30:06 +0100, archytas
wrote:

Back in the old days, an arrestable offence was one that carried a
maximum sentence of 5 years or more (except for twoc). These days
all offences are arrestable. Does anyone know if the use of the
term arrestable offence in Housing Acts now means the latter?

It isn't "all offences". It is "all indictable offences" - i.e.
those which can be tried at crown court rather than only at
magistrates court.

But yes, the Act which changed that (Serious Organised Crime and
Police Act 2005) also amended all the other known laws which
referred to "arrestable" offences so that they now refer to
"Indictable offences".

By latter I meant to ask whether the term arrestable has changed away
from (more or less) indictable - thus arrests for police assault and
so on might count. I'll check out the SOSPC - it seems fairly
typical of lack of clarity in law!

This law is perfectly clear.

Your idea of "latter" wasn't :-)

The simple fact is that prior to the 2005 act, citizen's arrests were
legal only for "arrestable" offences. Since the introduction of that
act, they have been legal for all "indictable" offences, and the
concept of "arrestable" offence has been removed from the statute
books.

And in particular, for the act in which you are interested, schedule 7
of SOCPA 2005 amends it as follows:
---------------------------------------------------
Housing Act 1985 (c. 68)

45
In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out
grounds upon which a court may, if it considers it reasonable, order
possession of dwelling-houses let under secure tenancies), in Ground
2, in paragraph (b)(ii), for "arrestable" substitute "indictable".
---------------------------------------------------

There is also the one I missed the first time around* which deals with
assured tenanices:

Housing Act 1988 (c. 50)
46 In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out
grounds on which a court may order possession of dwelling-houses let on
assured tenancies), in Ground 14, in paragraph (b)(ii), for "arrestable"
substitute "indictable".

*an eminent lawyer advised me always to read an Act from end to end
before using any bit of it - but as I'm neither lawyer nor eminent
..........

--
Robin