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Section 17(5) of the Police and Criminal Evidence Act 1984 (PACE) abolished all powers of a Constable to enter under the common law with the specific exception (subsection 6) when dealing with or preventing a common law breach of the peace. This "offence" definition and power of arrest are contained under the common law definition of "breach of ...
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 ...
The Justices of the Peace Act 1361 permitted a justice of the peace to bind over people who disturbed the peace to provide recognisance to ensure their future good conduct. [9] [3] A breach of the peace can occur at any place, including private houses. The modern definition of a breach of the peace is: There is a Breach of the Peace when,
Incitement is a related doctrine, allowing the government to prohibit advocacy of unlawful actions if the advocacy is both intended to and likely to cause immediate breach of the peace. In the United States, the modern standard was defined in Brandenburg v.
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 ...
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]
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 ...