‘BREACH of the PEACE’..!
This may help anyone that has been arrested for a ‘Breach of the Peace’…
‘Breach of the Peace’ means assault / violence. See: R. v Howell. 1982.
"A comprehensive definition of the term 'breach of the peace' has very rarely been formulated so far as we have been able, with considerable help from counsel, to discover from cases which go as far back as the eighteenth century...”
“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) man or woman, or in their presence his / her property, or is likely to cause such harm, or which puts someone in fear of such harm being done.”
“There is nothing more likely to arouse resentment and anger in him/her, and a desire to take instant revenge, than attacks or threatened attacks on a (person’s) man or woman’s body or property.”
In 11 Halsbury's Laws of England 🏴 (4th Ed) para 108… it is stated:
“For the purpose of the common law powers of arrest without warrant..!”
“A ‘breach of the peace’ arises where there is an actual assault, or where public alarm and excitement are caused by a (person's ) man or woman’s wrongful act.”
“Mere annoyance & disturbance or insults to a (person) man or woman or abusive language, or great heat & fury without personal view , are not generally sufficient."
The statement in ‘Halsbury Laws of England’… is in parts, we think, inaccurate because of its failure to relate all the kinds of behaviour there mentioned to violence…
Furthermore, we think, the word 'disturbance' when used in isolation cannot constitute a ‘breach of the peace’…
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) man or woman or in his / her presence to his property or a man or woman (person) is in fear of being so harmed through an assault, an affray, a riot, an unlawful assembly or other disturbance…
It is for this ‘breach of the peace’… when done in their presence or the reasonable apprehension of it taking place that a constable, or anyone else, may arrest an offender without warrant..!
This may help anyone that has been arrested for a ‘Breach of the Peace’…
‘Breach of the Peace’ means assault / violence. See: R. v Howell. 1982.
"A comprehensive definition of the term 'breach of the peace' has very rarely been formulated so far as we have been able, with considerable help from counsel, to discover from cases which go as far back as the eighteenth century...”
“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) man or woman, or in their presence his / her property, or is likely to cause such harm, or which puts someone in fear of such harm being done.”
“There is nothing more likely to arouse resentment and anger in him/her, and a desire to take instant revenge, than attacks or threatened attacks on a (person’s) man or woman’s body or property.”
In 11 Halsbury's Laws of England 🏴 (4th Ed) para 108… it is stated:
“For the purpose of the common law powers of arrest without warrant..!”
“A ‘breach of the peace’ arises where there is an actual assault, or where public alarm and excitement are caused by a (person's ) man or woman’s wrongful act.”
“Mere annoyance & disturbance or insults to a (person) man or woman or abusive language, or great heat & fury without personal view , are not generally sufficient."
The statement in ‘Halsbury Laws of England’… is in parts, we think, inaccurate because of its failure to relate all the kinds of behaviour there mentioned to violence…
Furthermore, we think, the word 'disturbance' when used in isolation cannot constitute a ‘breach of the peace’…
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) man or woman or in his / her presence to his property or a man or woman (person) is in fear of being so harmed through an assault, an affray, a riot, an unlawful assembly or other disturbance…
It is for this ‘breach of the peace’… when done in their presence or the reasonable apprehension of it taking place that a constable, or anyone else, may arrest an offender without warrant..!
Comments
Be the first to add a comment
Log in to comment