Breach Of The Peace

Question 1

S38 CJL(S)A 2010 creates what offence?

Answer 1

Creates an offence for any person to behave in a threatening or abusive manner where the behaviour is likely to cause a reasonable person to suffer fear or alarm

And the person behaving in such a manner intends the behaviour to cause fear or alarm or

Is reckless as to whether the behaviour would cause fear or alarm

Question 2

What are your options if someone is committing a breach of the peace?

Answer 2

In minor cases it may be appropriate to use your discretion but you must always be able to justify your actions depending on circumstances

you may warn the culprit

issue a fixed penalty notice or

report for citation or

arrest

Question 3

What is a breach of the peace?

Answer 3

A beach of the peace is

Crying at common law constituted by one or more persons conducting himself for themselves in a riotous or disorderly manner where such conduct is severe enough to cause alarm to ordinary people and straighten serious disturbance to the community