Breach Of Peace Flashcards

1
Q

Breach of Peace

A

There is a Breach of the Peace whenever and wherever:

  • Harm is ACTUALLY or is LIKELY to be done, to a person, whether by the conduct of the person against whom a Breach of the Peace is alleged or by someone whom it provokes; or
  • Harm is ACTUALLY or is LIKELY to be done, to a person’s property in his presence.
  • A person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance

Can be committed in private or public and comes with a constable power of entry

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