Arrest - Breach of Peace

What type of power does a breach of peace exist?

Common law

Why does the power of arrest to breach of peace exist?

To prevent harm

What are the two key cases for breach of peace?

R v Howell

R Laporte v Chief Constable of Gloucheshire

Can you be charged for a breach of peace? Explain

No because it is not a criminal offence

R v Howell says a breach of peace can occur in three instances what is it?

• Harm is being done

• Harm is likely to be done

• Someone is in genuine fear of being harmed or their property being harmed

What examples did R v Howell give in when a breach of peace may occur?

• assault

• affray

• riot

• unlawful assembly

• other disturbance

True or false only a police officer has the power to make an arrest when there is a breach of peace

False - R v Howell makes clear that it can be an officer or anyone including a citizen

What is the significance of R Laporte? [hint: 2 answers]

• established that a breach of peace exists when there is reasonable belief of breach of peace in the imminent future

• confirmed power exists where breach of peace is likely to recur

In R Laporter what did imminent mean?

likely to happen

What is the key thing to consider when arresting for a breach of peace

that is necessary and proportionate meaning once the threat no longer exists the person must be released

bind over

• Not a sentence

• when the person appears before Court they can be made to refrain i.e. from breaching the peace

• recognisance → can be made to pay a sum of money if the break the terms of the order that usually lasts no more than 12 months