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Breach of the peace powers are unusual in the fact they originate from the laws Alfred the Great consolidated into the common law approximately 1,000 years before the modern constable was thought up. The first legislative reference to the common law breach of the peace was under the Justice of the Peace Act 1361. [11]
A breach of the peace is a civil law case, although it uses the criminal standard of proof 'beyond reasonable doubt'. [12] After 7 October 2013, the Criminal Practice Direction [2013] EWCA Crim 1631 contain the full court procedures for binding over orders for any matter, including breach of the peace. [11] A person must agree to be bound over.
In considering another section 5 case, Lord Justice Auld quoted Redmond-Bate v DPP (a case involving breach of the peace), "Free speech includes not only the inoffensive, but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence". [8]
Breach of peace" covers a multitude of violations in which the Supreme Court has even included a misdemeanor seatbelt violation punishable only by a fine. The term historically included theft, "nightwalking", prostitution, and playing card and dice games. [97] Texas courts have defined and interpreted the term "breach of the peace" to mean an ...
A breach of the king's peace, which could be either a crime or a tort, was a serious matter. The concept of the king's peace expanded in the 10th and 11th centuries to accord the king's protection to particular times (such as holidays), places (such as highways and churches), and individuals (such as legates).
Most Chapter VII resolutions (1) determine the existence of a threat to the peace, a breach of the peace, or an act of aggression in accordance with Article 39, and (2) make a decision explicitly under Chapter VII. However, not all resolutions are that explicit, there is disagreement about the Chapter VII status of a small number of resolutions.
Common law - to prevent a Breach of the Peace; s24A Police and Criminal Evidence Act 1984; N.B. s24A is only for criminal offences not limited to summary trial alone; Police Constables: Common law - to prevent a Breach of the Peace; Section 49 of the Prison Act 1952; Section 32 Children & Young Persons Act 1969; Immigration Act 1971; Section 7 ...
A person being required in the name of the state by a sheriff, deputy sheriff, high bailiff, deputy bailiff or constable, who neglects or refuses to assist such an officer in the execution of his office, in a criminal cause, or in the preservation of the peace, or in the apprehension and securing of a person for a breach of the peace, or in a ...