Breach of the peace refers to behaviour or actions that disturb public order, tranquillity, or safety. It typically involves acts such as fighting, disorderly conduct, public intoxication, or making threats that create fear or alarm among the public. Breach of the peace is considered a criminal offense in many jurisdictions and may result in arrest or other legal consequences. The concept is rooted in the principle of maintaining public peace and safety, and it encompasses a wide range of behaviours that disrupt or threaten the peaceful coexistence of individuals within society. Law enforcement agencies are responsible for responding to breaches of the peace and restoring order to ensure the safety and well-being of the community.
n. any act that disturbs the public or even one person. It can include almost any criminal act causing fear or attempting intimidation, such as displaying a pistol or shouting inappropriately.
Breach of the peace refers to a criminal offence where an individual engages in behaviour that disturbs public order and tranquilly. This offence typically involves actions that cause fear, alarm, or distress to others, such as engaging in violent or aggressive behaviour, making excessive noise, or engaging in threatening or abusive language. The breach of the peace offence is often charged as a misdemeanour and can result in fines, probation, or imprisonment, depending on the jurisdiction and severity of the conduct.
The term ‘breach of the peace’ frequently occurs in legal documentation, but its meaning is not well defined. A breach of the peace is not merely a disturbance but a situation where there is an outbreak of violent behaviour or the threat of such behaviour. A breach of the peace need not occur in a public place or involve members of the public. There are specific powers of arrest under common law where a breach of the peace is anticipated (see: Power of arrest), and these powers are less well regulated than those under legislation (e.g., Police and criminal evidence act (1984)). The police have often made use of such powers where there is no right to arrest for a specific offence, and therefore the courts have often been called upon to decide whether such an arrest was lawful. In addition, a constable may call on any member of the public to help suppress a breach of the peace, and it remains (at least technically) an offence to refuse to assist. It seems not to matter whether the assistance would be effective or not or whether a member of the public would be placed in danger.
At present, the most widely cited definition of breach of the peace is the one given in R v. Howell (1981) (see the summary of the case for details), which requires that a person suffer harm, or fear of harm, as a result of riot or affray. However, there have been attempts to broaden the scope of the offence, as in R v. Devon (1981).
A breach of the peace is any act or behaviour that disrupts public order and causes fear, alarm, or distress to others.
Examples of a breach of the peace include fighting in public, making excessive noise, threatening behaviour, and public intoxication.
Yes, a breach of the peace can lead to criminal charges, such as disorderly conduct or disturbing the peace, depending on the specific circumstances and local laws.
Consequences of a breach of the peace can include fines, community service, probation, and in some cases, imprisonment.
Yes, individuals who have been affected by a breach of the peace may have grounds to file a civil lawsuit for damages, such as emotional distress or property damage.
Yes, a breach of the peace can occur on private property if it disturbs the peace of others, such as loud parties or domestic disputes.
In some cases, a breach of the peace may be justified if it was necessary to prevent a greater harm, such as self-defence or protecting others.
If you witness a breach of the peace, you should contact law enforcement and avoid getting involved in the situation to prevent escalation.
Depending on the laws in your jurisdiction, a breach of the peace may be eligible for expungement from your criminal record after a certain period of time.
Yes, breaching the peace in a rental property can be grounds for eviction, as it violates the terms of the lease agreement and disrupts the peace of other tenants.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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