Breach of peace

Question 1

What is a Breach of the Peace

Answer 1

A Breach of the peace is committed whenever
Harm is done to a Person
or
Harm is likely to be done to a Person
or
In the presence of the Person harm is done to there property
or
In the presence of the Person harm is likely to be done to there property
or
Whenever a Person is in fear of being harmed through
An assault or
a riot or
other disturbance

Question 2

Breach of the Peace – Power of Arrest

Answer 2

ANY PERSON (A)
May arrest any person (B)
Where (B) is committing a breach of the peace in the presence of (A)
or
Where (A) reasonably believes such a breach of the peace
will be committed in the immediate future by (B)
(Although no breach has occurred at this stage)
or
Where (B) has committed a breach of the peace
and
(A) reasonable believes there is a danger it will start again

Question 3

Power of Entry to Prevent a Breach of the Peace

Answer 3

Common Law Power of Entry and Power to stay on premises to make an arrest or prevent a BOP