Breach of the Peace |
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Dec 18, 2006 Hi Gary and Christine, Breach of the Peace cannot be found in the Criminal Code because it is not a Criminal Offense as you will see below. The definition below is from Wikipedia and does not represent a legal definition. As you see it is only a tool used by Police to detain someone that they think will Breach the Peace if they continue. Police have a right to detain any person who is creating a "breach of the peace". This is not a criminal or civil offence — it exists as a legal oddity created by the Royal Prerogative. Persons so detained must be taken before a magistrate (i.e. a Justice of the Peace) who will "bind them over" to keep the peace. Once so "bound over" the person may not disturb the peace again for the appointed time. If they do so, they are liable to imprisonment. The police frequently use this power to break up difficult situations or minor fights — and often then detain someone for breach of the peace, take them round the corner, and once they are satisfied that the fight is over, let them go. Alternatively, if alcohol is part of the problem, for instance, the person can be held until he is sober enough to face the magistrate — which usually solves the problem, as for most citizens the prospect of sobering up in the police cell, and a stern talk from a bench of three magistrates while nursing a hang-over is sufficient to push the message home for a few days. Because breach of the peace is not a criminal offence, people so bound do not have a criminal record which can blight their future career. Link to the definition: |