Breach of the Peace

Question 1

One of the fundamental duties of an officer is the preservation of ‘The Queen’s Peace’, which can be described in terms of what?

Answer 1

The normal state of peace and tranquility which citizens are entitled to expect, in an ordered society.

Question 2

A breach of the peace is committed when?

Answer 2

Harm is done to a person or when harm is likely to be done to a person or, in the presence of a person, harm is done to their property.

Whenever a person is in fear of being harmed through assault, riot, disturbance.

Question 3

When there is a breach of this peace or when a breach is imminent, common law gives all citizens (not just police officers) powers to do what?

Answer 3

Arrest or use such force as is reasonable against the person committing the breach.

Question 4

When there is a breach of this peace or when a breach is imminent, common law gives officer entitlement to do what?

Answer 4

Enter either private or public premises to make an arrest for a breach of the peace, or to prevent such a breach.

Question 5

What are the various articles and rights that relate to breach of peace?

Answer 5

Article 5 (the right to liberty and security)

Article 10 (the right to freedom of expression)

Article 11 (the right to freedom of assembly and association)

Human Rights Act 1998

Question 6

Definition of breach of the peace

R v Howell [1981]

Answer 6

This is committed when an individual causes harm, or appears likely to cause harm, to a person, or in that person’s presence, to his/her property, or puts that person in fear of such harm being done through an assault, affray, a riot, unlawful assembly or other disturbance.

Question 7

Powers of arrest and entry for breach of the peace

Answer 7

It is unique in that it can take place in many different ways, but it must always satisfy the elements set out in the case R v Howell [1981]

Any person (A) may arrest any person (B)

….where (B) is committing a breach of the peace in the presence of (A) or…

…where (A) reasonably believes such a breach of the peace will be committed in the immediate future by (B), although no breach has occurred at this stage, or…
- (must be able to justify threat in the future is real and imminent)

…where (B) has committed a breach of the peace and (A) reasonably believes there is danger it will happen again…
- (must be able to justify threat happening again is real and imminent)

Question 8

Under common law is an officer entitled to enter either private or public premises to make an arrest for the breach of peace?

Answer 8

Yes, although once the breach has come to an end the officer should not remain on private premises and should leave within ‘reasonable time’.

If assaulted during this time = assault of a police officer in the lawful execution of their duty.

If unreasonable time spent = presence unlawful = might not be protected under criminal law (Robson v Hallet [1967])

Question 9

What happens after an arrest for breach of peace?

Answer 9

Officer can release a person without further action when it is deemed the risk of a breach no longer exists.

OR

CPS may decide (s 3(2)(c) of the Prosecution of Offences Act 1985) that further action is needed to reduce the risk of another breach. The person will appear before a magistrates court, which can issue a binding-over order which can refer to general terms of protection, or it can be more specific by naming people.

Order can require the person to keep the peace for a specified times and/or enter the recognisance for a specified sum (financial penalty if brought back after any subsequent breaches).