Search results
Results from the WOW.Com Content Network
There are major differences between English law and Scots law with respect to dealing with breach of the peace; unlike England and Wales where criminal penalties apply to the behaviour leading to or liable to cause a breach of the peace, it is a specific criminal offence in Scotland which is prosecuted daily in the sheriff courts and due to its common law definition it can be applied to a ...
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, harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes;, or
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 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).
Magistrates form the view that a person ("the principal"), who might be a person of previously unblemished reputation, is likely to breach the peace or commit criminal offences. They require him to enter into a recognisance, in form of a voluntary covenant or agreement, to keep the peace , or to be of good behaviour, sometimes in a set sum (say ...
The former head of counter-terrorism policing in the UK has branded the government’s proposal to extend the definition of terrorism to encompass atrocities carried out by lone attackers like the ...
Discover the latest breaking news in the U.S. and around the world — politics, weather, entertainment, lifestyle, finance, sports and much more.
Breach of the peace is not a crime but is arrestable and can lead to binding over. Uniquely the power of arrest comes from a duty to prevent breach of the peace. [34] (There is a wider duty to preserve the public peace on request by the police, [35] failure without lawful excuse is indictable if able bodied). The courts accept that this is an ...