The Ultimate Police Handbook
Breach of the peace
Breach of the peace
Common Law
Public Order
⚖️ Definition
It is an offence for an individual to cause or appear likely to cause harm to a person, or their property in that persons presence. Or put that person in fear of harm being done through assault, affray, riot, unlawful assembly or disturbance.
📋 Points to Prove
- Individual to cause or appear likely to cause
- Harm to a person, or their property in that persons presence
- Or put that person in fear of harm being done through assault, affray, riot, unlawful assembly or disturbance
- Harm to a person, or their property in that persons presence
- Or put that person in fear of harm being done through assault, affray, riot, unlawful assembly or disturbance
⚖️ Offence Type
Summary
Either Way
Indictable
⚖️ Case Law
R v. Howell (1981) - the behaviour of the person involved caused the officer to believe that a breach of the peace had or would occur and that it related to harm which was actually done or likely to be done to a person or, in his/ her presence, their property.
📄 Charging Codes
COML060
📁 Crime Recording
Not PNC Recordable
No Crime Report Required