Breach Of The Peace

Question 1

Where can a breach of the peace take place?

Answer 1

Anywhere

Question 2

What kind of harm can take place?

Answer 2

Any kind of harm mental or physical

Question 3

What is expected to happen?

Answer 3

Harm to a person, property

Question 4

What are the powers of arrest?

Answer 4

Any person may arrest if conditions are met. Person A must be present when person B is committing the breach. Threat is both real and imminent. Danger of it beginning is both real and imminent.

Question 5

When can a person be released following an arrest of breach of the peace?

Answer 5

They can be released and dearrested if it is deemed that a risk of a breach no longer exists. Can be bound over through application to magistrates to avoid further breaches. Conditions placed eg keep the peace for a specified time.