Breach Of The Peace Flashcards
Is a breach of the peace a criminal offence?
No
When does a beach of the peace (BOP) occur?
When
1. Harm is actually done or is likely to be done to a person by the conduct of the person against whom a BOP is alleged or by someone it provokes
- Harm is actually done or is likely to be done to a persons property in their presence provided the natural consequence do such harm is likely to be a violent retaliation
- A person is genuinely in fear of harm to themselves or harm to their property in their presence as a result of assault, affray, riot other disturbance or law assembly.
What is BOP in simple terms
- assault
- damage to property
- threats to assault or damage to property
Powers of arrest for BOP
A Constable or any person may arrest any person where:
- a BOP is committed in the presence of the person arresting. PRESNT
- the arresting person reasonably believe me that such a breach will be committed in the immediate future by the arrested person although he has not yet committed any breach. FUTURE
- if it is reasonably and honestly believed that a BOP has been committed and it is reasonably believed that a renewal of it is threatened (an idle threat will not suffice). This could be an honestly mistaken belief, but it must be founded on reasonable grounds. PAST
What are the powers of entry with regard to BOP?
If the police have genuine ground to apprehend such a breach, they have the right to enter private premises to make an arrest or ensure that one does not occur.
The right of entry is not absolute but must be weighed against the degree of disturbance which is threatened.
BOP punishment
BOP is not a criminal offence, but the punishment is a ‘binding over to be of good behaviour’ if a person fails to comply with ‘bind over’ they may be sentenced to a maximum of 6 month imprisonment.
For all public offences use PAW which stand for
Use:
Persuasion
Advice
Warnings
