Breach Of The Peace

Business, Legal & Accounting Glossary

Definition: Breach Of The Peace



What is the dictionary definition of Breach Of The Peace?

Dictionary Definition


n. any act which 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.


Full Definition of Breach Of The Peace


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 that 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 the 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).


Cite Term


To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

Page URL
https://payrollheaven.com/define/breach-of-the-peace/
Modern Language Association (MLA):
Breach Of The Peace. PayrollHeaven.com. Payroll & Accounting Heaven Ltd. December 02, 2020 https://payrollheaven.com/define/breach-of-the-peace/.
Chicago Manual of Style (CMS):
Breach Of The Peace. PayrollHeaven.com. Payroll & Accounting Heaven Ltd. https://payrollheaven.com/define/breach-of-the-peace/ (accessed: December 02, 2020).
American Psychological Association (APA):
Breach Of The Peace. PayrollHeaven.com. Retrieved December 02, 2020, from PayrollHeaven.com website: https://payrollheaven.com/define/breach-of-the-peace/

Definition Sources


Definitions for Breach Of The Peace are sourced/syndicated and enhanced from:

  • A Dictionary of Economics (Oxford Quick Reference)
  • Oxford Dictionary Of Accounting
  • Oxford Dictionary Of Business & Management

This glossary post was last updated: 26th April, 2020 | 0 Views.