Breach of the Peace in UK Law
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Foulkes v Chief Constable of the Merseyside Police
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He had tried persuasion but the plaintiff refused to be persuaded or to accept the sensible guidance he had been given but in my judgment that was not a sufficient basis to conclude that a breach of the peace was about to occur or was imminent. There must, I consider, be a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty a citizen who is not at the time acting unlawfully.
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R v Chief Constable of Devon and Cornwall, ex parte Central Electricity Generating Board
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There is a breach of the peace whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it. He is entitled by law peacefully to go on with his work on his lawful occasions. If anyone unlawfully and physically obstructs the worker—by lying down or chaining himself to a rig or the like—he is guilty of a breach of the peace.
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R v Howell (Errol)
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We hold that there is 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 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 are emboldened to say that there is a breach of the peace whenever harm is actually done or is 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.
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R (Laporte) v Chief Constable of Gloucestershire Constabulary
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By contrast, a peaceful protester does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or other punishable acts committed by others in the course of a demonstration: Ziliberberg v Moldova and Ezelin v France (1991) 14 EHRR 362, 375, para 34 of the Commission's decision.
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McConnell v Chief Constable of Greater Manchester Police
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Clearly a purely domestic dispute will rarely amount to a breach of the peace. But, in exceptional circumstances, it might very well do so. Whether those particular circumstances which come to pass on private premises are sufficient to support a reasonable apprehension that a breach of the peace was about to occur will depend upon the circumstances in which the preventive steps called for under the statute of 1361 are taken.
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R (Laporte) v Chief Constable of Gloucestershire
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They were travelling in a convoy of motor vehicles and were stopped by a police cordon at a junction within several miles of four collieries. The inspector in charge of the operation had reason to believe that a breach of the peace would be committed if they continued to the pits and asked them to turn back. In the course of his judgment Skinner J (who was sitting with Otton J) said:
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Conspiracy, and Protection of Property Act 1875
... ... section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any offence against the State or the ... ...
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Sexual Offences (Scotland) Act 2009
... ... exposureSection 8Public indecency at common lawBreach of the peace at common lawVoyeurismSection 9Breach of the peace at common lawRape of a ... ...
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Public Houses Acts Amendment (Scotland) Act 1862
... ... An Act to regulate the granting of Certificates by Justices of the Peace and Magistrates, authorizing Persons to keep Common Inns, Alehouses, and ... , that he shall not knowingly permit any Breach of the Peace or riotous ... or disorderly Conduct within his Premises, or ... ...
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Public Order Act 1936
... ... prevent risk of a breach of the peace ... (2) If at any time the chief officer of police is of ... ...
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Update on preventing squatters in commercial premises (England and Wales)
With a large number of retail and restaurant premises closing temporarily due to COVID-19, there is an increased risk of squatters breaking into commercial premises. Unlike residential premises,...... ... mises and the police will not take any action unless there is a breach of the peace. Although tenants will retain liability for security during ... ...
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Human Rights | Talking Tactics | When Is Kettling Justified Asks Richard Scorer
... The need for imminence or immediacy of a threat to peace as a prerequisite for kettling. The state should not lightly infringe the ... Thus, on the face of it, the containment of demonstrators will be a breach of Art 5. Hence, court decisions have focused on the exceptional ... ...
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Harassment, Violent Residents and Visitors: Protecting Staff
... ... resists in the presence of the police officer, it constitutes a breach of the peace and the police officer would have a power of arrest ... The ... ...
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False Imprisonment And Mentally Unwell Detainees
... ... of the claimant's claim for false imprisonment, assault, and a ... breach of her Article 3 ECHR right brought under section 6(1) of ... the Human ... She was arrested at 8.15pm for ... breach of the peace and assaulting a constable ... Several days prior to the incident on 8 ... ...
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Warrant of committal (general) (rule 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... , his deputy or assistants, and all police constables and other peace officers whom it may concern ... IN THE HIGH COURT OF ... ...
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Warrant of committal (of prisoner) (rule 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... , his deputy or assistants, and all police constables and other peace officers whom it may concern ... IN THE HIGH COURT OF ... ...
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Warrant of committal (contempt in face of court) (rules 81.16 and 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... , his deputy or assistants, and all police constables and other peace officers whom it may concern ... IN THE HIGH COURT OF ... ...
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Bench Warrant
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... , his deputy or assistants, and all police constables and other peace officers whom it may concern ... IN THE HIGH COURT OF ... ...