Breach of the peace: definition and the power to prevent an imminent breach
During a protest outside a factory in England, PC Marsh sees Lina Petrova, a protester, shouting at a counter-protester. She then raises her fist and moves towards him, and PC Marsh reasonably believes that she is about to strike him. PC Marsh takes hold of Lina and moves her away. Later Lina's solicitor is asked whether Lina can be prosecuted for 'the offence of breach of the peace' and whether PC Marsh was entitled to act before any blow was struck.
Which of the following best describes the legal position?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: Breach of the peace is not a criminal offence as such, but a constable or any citizen may take reasonable steps, including restraint, to prevent one reasonably believed to be imminent.
THE RULE TO REMEMBER
A breach of the peace involves actual or threatened harm; it is not itself an offence, but anyone may take reasonable steps to prevent one reasonably believed to be about to occur.
Breach of the peace: definition and the power to prevent an imminent breach
In R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55 Lord Bingham approved the definition in R v Howell [1982] QB 416: 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, affray, riot, unlawful assembly or other disturbance. A breach of the peace is not, as such, a criminal offence, though it can found an application to bind over. Every constable, and also every citizen, has the power and duty to seek to prevent, by arrest or action short of arrest, a breach occurring in their presence, a breach likely to be renewed, or a breach which is about to occur. PC Marsh reasonably believed Lina was about to strike the counter-protester, so a breach was imminent, and restraining her was reasonable preventive action.
Why A is wrong: Breach of the peace is a common law concept, not an offence under the 1986 Act, and preventive action may be taken before it occurs.
Why B is wrong: The power extends to a breach reasonably believed to be about to occur, so action can be taken before any blow is struck.
Why D is wrong: Lord Bingham said every constable, and also every citizen, has the power to act to prevent a breach of the peace.
Why E is wrong: The Howell definition requires harm, likely harm, or fear of harm; shouting alone, without any threat of harm, is not enough.
A little more practice done.
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