Breach Of The Peace Flashcards
What are the points to prove breach of the peace?
Harms a person (physical or mental).
Harms property in the presence of the owner.
Are likely to cause such harm.
Puts someone in fear of such harm.
How does R v Howells 1981 define breach of the peace?
Where an act is done or threatened which harms a person or, in their presence, their property. Which is likely to cause such harm, or which puts someone in fear of such harm.
Where may breach of the peace occur?
Anywhere in public or in private.
When may an arrest for breach of the peace occur?
Any person may arrest without warrant any person who is committing a breach of the peace, who they reasonably believe will commit a breach of the peace in the immediate future or who has committed a breach of the peace, and it is reasonably believed a recurrence is threatened.
