SQE Daily.

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.

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