Breach of the Peace

Question 1

What is the police’s role in maintaining the Queen’s peace?

Answer 1

public peace and good order
a normal state of pace and tranquility
normal and ordered state of society

Question 2

Breach of peace definition:

Answer 2

There is a breach of the peace whenever and wherever:

• harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes
• harm is actually done, or is likely to be come, to a person’s property in his presence
• a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, riot, unlawful assembly or other disturbance

Question 3

The power of arrest for Breach of the Pace

Answer 3

A constable or any person may arrest any person where:

• a breach of the peace is committed in the presence of the person arresting
• the arresting person reasonably believes that such a breach will be committed in the immediate future by the arrested person although he has not yet committed any breach
• if it is reasonably believed that a renewal of its it treated.
• Common law power

Question 4

Where can a breach of the peace be committed?

Answer 4

in any place - public or private

Question 5

Provide examples of breach of the peace

Answer 5

Domestic dispute between partners
Argument between neighbours over parking in the street
When someone is playing up - you want to remove them from the situation

Question 6

What action is available to a magistrate when a person is found guilty of ‘Breach of the Peace’

Answer 6

binding over

Question 7

Explain binding over

Answer 7

• precautionary measure
• a person can be bound over whether or not they have been convicted of any offence
• the process of binding over is effected by requiring the individual to enter into a recognisance, with out without sureties, to keep the peace, or alternatively, to be a good behaviour
• a person must agree to the ‘binding over’
• persistent behaviour/ not agreeing can lead to imprisonment
• they will be agreeing to whatever the court wants them to agree to

Question 8

What does recognisance mean

Answer 8

a bond by which a person undertakes before a court or magistrate to observe some condition, especially to appear when summoned

Question 9

What do you need to ensure when arresting in addition to breach of the peace?

Answer 9

• all the circumstances must be taken into account
• action is proportionate and justifiable
• care must be taken to balance freedom of expression against likelihood to cause a serious disturbance being caused
• there must be objective and reasonable groups for the belief that a defendant would commit or renew his breach of the peace

Question 10

What is common law?

Answer 10

• Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
• laws and powers in relation to this offence are established by case law