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Breach of peace
Breach of peace










breach of peace

The respondent was a street prostitute in Preston. Cited – The Chief Constable of Lancashire v Potter Admn 1 The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The police said the arrest was lawful, she being suspected of common.

breach of peace

She had waived her handbag at an officer investigating a disturbance and been arrested. Cited – Jarrett v Chief Constable of West Midlands Police CA 1 The claimant sought damages for false imprisonment and assault after her wrongful arrest. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. Lord Justice Watkins 1 QB 416, QB 416, 73 Crim App R 31 England and Wales Cited by: Cited – Chief Constable of Cleveland Police v Mark Anthony McGrogan CA 1 The Chief Constable appealed a finding of false imprisonment of the claimant. There is nothing more likely to arouse resentment and anger in him, and a desire to take instant revenge, than attacks or threatened attacks on a person’s body or property.’ and ‘We hold that there is a power of arrest for breach of the peace where (1) a breach of the peace is committed in the presence of the person making the arrest … (2) the arrestor reasonably believes that such a breach will be committed in the immediate future by the person arrested although he has not yet committed any breach. We cannot accept that there can be a breach of the peace unless there has been an act done or threatened to be done which either actually harms a person, or in his presence his property, or is likely to cause such harm, or which puts someone in fear of such harm being done. Nevertheless, even in these days when affrays, riotous behaviour and other disturbances happen all too frequently. since keeping the peace in this country in the latter half of the 20th century presents formidable problems which bear upon the evolving process of the development of this breach of the common law. Justices, for three or more centuries have managed to cope with the offence of breach of the peace, not only as to when conduct has caused such a breach but also as to whether it was likely to do so: ‘. It is for this breach of the peace when done in his presence that a constable, or anyone else, may arrest an offender without warrant’. And ‘We are emboldened to say that there is a breach of the peace whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. We hold there is a power of arrest for breach of the peace where (1) a breach of the peace is committed in the presence of the person making the arrest, or (2) the arrestor reasonably believes that such a breach of the peace will be committed in the immediate future by the person arrested although he has not yet committed any breach, or (3) where a breach has been committed and it is reasonably believed that a renewal of it is threatened’. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable apprehension of imminent danger of a breach of the peace so for that matter has the ordinary citizen. Held: The essence is to be found in violence or threatened violence. The court considered the meaning of the legal concept of a breach of the peace.












Breach of peace