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I was asked by my Inspector to make a short "reminder" on breach of the peace. Well, this is a little of what I came up with.
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
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Does this make interesting reading?
No, but it has nothing to do with religion!
Just think, breach of the peace is a fairly simple offence. As I said, I know a lot of crap now.
Breach of the peace
If you ask members of the public what they consider the job of a police officer to be, along with catching the “bad guys” I’m sure you will hear a mention of keeping peace and tranquillity.
This peace is known to us as, “ The Queen’s peace”, and has been described in many ways, but is generally thought of as public peace and order expected to be preserved so as to allow the public to live their lives without interference from other citizens.
Legal definition:
To be a breach of the peace, the conduct in question does not have to be disorderly. There is a breach of the peace whenever and wherever (even on private premises):
(a) harm is actually done, or is likely to be done, to a person, whether by conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; or
(b) harm is actually done, or is likely to be done, to a person’s property in his presence;
(c) a person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
Power of arrest:
The power of arrest for a breach of the peace is a common law power. So, any person may arrest without warrant:
(a) where a breach of the peace is committed in their presence; or
(b) where the person making the arrest reasonably believes that such a breach will be committed in the immediate future, although no breach has occurred at that stage; or
(c) where a breach the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
When a breach of the peace is occurring it is likely that there will be other offences being committed too, such as assault, criminal damage or other public order offences.
Because of this we have been advised to limit our arrests for breach of the peace. However there are certain circumstances where the powers we have can be very useful.
You don’t need a complainant to arrest for breach of the peace, so it can be quite a useful power to remove people from certain situations so as to prevent any further offences being committed when you know no complaint will be made.
Because a breach of the peace can be committed in both a public place and private, such as a dwelling, we are given a power of entry when a breach is occurring. This can be very useful in situations such as domestics, where other powers of entry such as section 17 may not apply because we don’t have the grounds to believe we are saving life or limb.
As a breach of the peace is not an offence as such, a person cannot be fined or imprisoned in the first instance. However a person can be put before a magistrate and “bound over” to be of good behaviour. If the person fails to comply with the good behaviour order then they may be imprisoned for a maximum of 6 months.
****************************************
Does this make interesting reading?
No, but it has nothing to do with religion!
Page:
That was just mean.
or /
That's not what you said at the end of our last 'session'.
Take your pick.
Anywho - must depart, for the Harreh of Hill is soon to commence.
or /
That's not what you said at the end of our last 'session'.
Take your pick.
Anywho - must depart, for the Harreh of Hill is soon to commence.
Don't pay for a normal delivery...go by weight...I'm just trying to save you money.
I was verging on mentioning the size of my package...
Oh good, and there was me thinking you would make some comment about needing "special" delivery.
Just remember, things get a lot smaller when you cut them off.
We could enter to help you.
I may touch your piece? Ok, mail it to me when she's done.
I may touch your piece? Ok, mail it to me when she's done.
It's always nice to know these things ... just in case.
Plus, the madwoman with a butcher's knife and frying pan standing behind me was wondering if you can stop her.
But you could.
Because (brace yourself) she'd be breaching my piece.
You may touch me.
Plus, the madwoman with a butcher's knife and frying pan standing behind me was wondering if you can stop her.
But you could.
Because (brace yourself) she'd be breaching my piece.
You may touch me.
Why, are yours in danger?
When you're saving life and limb ... do certain dangling objects fall under the 'limb' category?
De-bation? Sounds disappointing, but mildly dirty.
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