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Justices Of The Peace Act 1361

Volume 82: debated on Monday 1 July 1985

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asked the Secretary of State for the Home Department how many persons in England and Wales have been arrested, how many charged and how many convicted under the Justices of the Peace Act 1361 in each of the last five years; and how many of these arrests and charges related to domestic disputes.

Proceedings under the Justices of the Peace Act 1361 provide for persons who have been arrested for an alleged breach of the peace (which is not an offence in itself) to be brought before a magistrate's court with a view to being bound over to keep the peace. The information collected centrally relates to the number of applications made and the outcome; details of the circumstances leading to the arrest are not collected centrally. The available information, which may be incomplete, is shown in the table. Corresponding information for 1984 is not yet available.

Proceedings under the Justices of the Peace Act 1361 to find surety to keep the peace or for good behaviour.
England and WalesNumber of Applications
YearApplications
TotalOrder madeNo Order made
198087,78080.4437,337
198192,59484,8327,762
1982104,14897,0417,107
1983102,99696,1136,883

asked the Secretary of State for the Home Department if he has any plans to introduce legislation to amend the Justices of the Peace Act 1361; and if he will make a statement.

We have no plans for such legislation at present. The Law Commission is considering the power to bind over to keep the peace, and hopes to publish a working paper with provisional proposals for reform in the course of next year.

asked the Secretary of State for the Home Department what information he has as to the average length of time for which a person charged under the Justices of the Peace Act 1361 is held before being brought before a magistrate.

No information is held centrally about the length of time for which persons who are bound over to keep the peace have been detained before being brought before a magistrate.