Breach of the Peace

Question 1

When is there a breach of the peace?

Answer 1

Whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being harmed through an assault, an affray, a riot, unlawful assembly or other disturbance

Question 2

Is breach of the peace a criminal offence?

Answer 2

No

Question 3

What police powers does breach of the peace generate?

Answer 3

• arrest
• detention
• having a person bound over to maintain good behaviour and keep the peace
• entering a meeting to prevent an anticipated breach of the peace and asking participants to disperse

Question 4

When may the police use their breach of the peace powers?

Answer 4

Across variety of circumstances and contexts including:

• to stop or control meetings, marches and demonstrations
• to disperse crowds of opposing sports fans

Question 5

Can the police use breach of the peace powers in anticipation of breach of the peace but none has happened?

Answer 5

Yes - provided that there is a reasonable apprehension of a sufficiently imminent breach of the peace to justify preventative action

Preventative measures must also be arbitrary, deployed in good faith and proportionate

Question 6

If there is reasonable apprehension of a sufficiently imminent breach of the peace to justify preventative action, what preventive action can be taken?

Answer 6

Only proportionate preventative action.