Points 2 Prove

The Ultimate Police Handbook

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

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

Crime Recording