Breach Of The Peace

Question 1

What is Breach of the peace?

Answer 1

A breach of the peace is committed whenever harm is done to a person, or harm is likely to be done to a person, or in the presence of a person harm is done to their property, or in the presence of a person harm is likely to be done to their property,
Or whenever a person is in fear of being harmed through a riot, affray, unlawful assembly or other disturbances

Question 2

Where can a breach of the peace be used?

Answer 2

Both private and public

Question 3

Is breach of the peace a criminal offence

Answer 3

No it is not, and people cannot be detained under sec118 PACE 1984.

Question 4

Who can arrest for breach of the peace and what kind or law is it?

Answer 4

Anyone can arrest for breach of the peace and it is common law

Question 5

For someone to arrest, what are the conditions need to be met?

Answer 5

1. Must be a real and present threat
2. The threat must be from the person who needs arresting
3. His or her conduct must be interfering with another’s rights
4. The conduct must be unreasonable

Question 6

What is a bind over?

Answer 6

An agreement where they promise to keep the peace (pay money.. etc)