Breach of Peace

Question 1

What legislation covers Breach of the Peace?

Answer 1

Civil law

Question 2

In what 3 instances does a breach of the peace occur?

Answer 2

When an act is done or threatened to be done which:

1) harms a person or, when in their presence, their property;
2) which is likely to cause such harm
3) which puts someone in fear of such harm

Question 3

Does common law provide for a power of arrest in respect of Breach of the Peace?

Answer 3

Yes, which can be conducted by constables or the public (citizen’s arrest)

Question 4

Does common law provide for a power to intervene or detain by force in respect of Breach of the Peace?

Answer 4

Yes, which can be conducted by constables or the public (citizen’s arrest)

Question 5

On what grounds may an arrest/intervention/detention by force take place in respect of Breach of the Peace?

Answer 5

When there is a need to prevent any action likely to result in a breach of the peace, either in public or private

Question 6

Where can a Breach of the Peace take place?

Answer 6

Either in public or private

Question 7

Is Breach of the Peace a criminal offence under domestic law?

Answer 7

No, it is a civil matter dealt with by way of complaint

Question 8

Under what specific circumstances might Breach of the Peace constitute a criminal offence under domestic law?

Answer 8

When it is considered in respect of the European Convention on Human Rights

Question 9

What must be remembered if a person is arrested in respect of Breach of the Peace?

Answer 9

They are not in detention for the purposes of Section 118 of PACE and : . usual bail provisions do not apply

Question 10

What two situations most likely follow an arrest/detention under Breach of the Peace?

Answer 10

1) the person is detained and placed before the next available court OR
2) the person is detained until there is no further likelihood of a reoccurrence of the breach of the peace

Question 11

How should people arrested/detained for Breach of the Peace be treated under best practice?

Answer 11

They should be treated in accordance with PACE and cautioned

Question 12

What are the police entitled to do in respect of a Breach of the Peace in any premises, public or private?

Answer 12

To enter premises and remain there in order to prevent a breach of the peace

Question 13

If a breach of the peace takes place on private property, it is necessary to a charge of BoP to show that disturbance affected members of the public outside the property?

Answer 13

No - it is not necessary to show the public were disturbed however the presence of the public is a relevant factor in dealing with the offence

Question 14

What anticipatory power do the police have under common law in respect of Breach of the Peace?

Answer 14

They are allowed to prevent people travelling to certain location where their presence gives reasonable grounds to expect a BoP

Question 15

When should police use the anticipatory power of preventing BoP by imposing restrictions on the movements of others but falling short of arrest?

Answer 15

ONLY if there is an imminent threat to public order

Question 16

What MUST the police exercise in respect of their powers re BoP

Answer 16

DISCRETION!

Question 17

When exercising discretionary powers in respect of BoP, who must police officers focus their attention on?

Answer 17

Those who are likely to present the actual threat of violence or disorder - this is not always the original agitator

Question 18

Under what circumstances may it be appropriate for an officer to detain those presenting a risk of BoP alongside the general public?

Answer 18

In extreme and exceptional circumstances where it is not possible to separate those who individually present a threat from those who are part of a larger crowd AND where there is an imminent threat of BoP and no other means can be used to prevent it

Question 19

Under what circumstances may the police curtail the lawful exercise of individual’s right of freedom of expression?

Answer 19

As a matter of necessity, where they reasonably believe there is no other means to prevent a BoP

Question 20

What 3 qualities must any discretionary action by the police to prevent an imminent BoP demonstrate?

Answer 20

The action must be

1) Reasonably necessary
2) Proportionate
3) Taken in good faith

Question 21

Can reasonably force be used by the police as part of discretionary action taken to prevent BoP?

Answer 21

Yes - so long as the BoP is imminent

Question 22

Is it legitimate for officers to make arrests on the basis of BoP when given orders to do so by senior officers?

Answer 22

Yes - so long as the senior officers have good reason to believe there to be a strong likelihood of BoP unless such action is taken

Question 23

Where is it particularly important for immediacy to be considered in respect of BoP?

Answer 23

In respect of BoP within the domestic setting

Question 24

When might an arrest for BoP be lawful in respect of the domestic setting?

Answer 24

Where there is a risk of a BoP taking place with relative immediacy without arrest i.e. an assault taking place unless an arrest is made

Question 25

If a person suspected of being likely to conduct violence in the domestic setting is willing to leave the premises, would their arrest for BoP be lawful?

Answer 25

Yes - so long as there is a reasonable belief that the person would immediately return to cause harm/damage unless an arrest is made

Question 26

What is the first legitimate power of arrest for any constable or civilian arresting another for BoP under common law?

Answer 26

1) a breach of the peace is committed in their presence

Question 27

What is the second legitimate power of arrest for any constable or civilian arresting another for BoP under common law?

Answer 27

2) the person doing the arrest reasonably believes a BoP will be committed in the immediate future by the defendant

Question 28

What is the third legitimate power of arrest for any constable or civilian arresting another for BoP under common law?

Answer 28

3) A BoP has been committed/is reasonably believed to have occurred by the arresting individual AND a further breach is threatened

Question 29

In what two circumstances may an arrest for BoP be deemed lawful under Article 5(1)(c) of the European Convention on Human Rights?

Answer 29

1) When the arrest is made for the purpose of bring the person before a competent legal authority
2) When the person is released before they could practically be brought before a court

Question 30

May the power of arrest be effected on private property even if there is no other member of the public present?

Answer 30

Yes - actual disturbance of the public does not have to be proved for BoP

Question 31

What is the first necessary criteria needed to exist before the power of arrest for BoP can be used?

Answer 31

1) To justify arrest there must be the clearest of circumstances and a real and present threat to the peace

Question 32

What is the second necessary criteria needed to exist before the power of arrest for BoP can be used?

Answer 32

2) The threat of BoP must be coming from the person who is ultimately arrested

Question 33

What is the third necessary criteria needed to exist before the power of arrest for BoP can be used?

Answer 33

3) The conduct of the person(s) posing the BoP risk must be clearly interfering with the rights of another

Question 34

What is the fourth and final necessary criteria needed to exist before the power of arrest for BoP can be used?

Answer 34

4) the person’s conduct must be unreasonable

Question 35

Where a BoP has not yet occurred what should a constable do before using the power of arrest?

Answer 35

Set out the condition that must be met with PAW
Persuade
Advise
Warn

Question 36

When is the ONLY time you should charge with BoP?

Answer 36

ONLY when no other offence is available