Breach Of The Peace Flashcards
1
Q
Where can a breach of the peace take place?
A
Anywhere
2
Q
What kind of harm can take place?
A
Any kind of harm mental or physical
3
Q
What is expected to happen?
A
Harm to a person, property
4
Q
What are the powers of arrest?
A
Any person may arrest if conditions are met. Person A must be present when person B is committing the breach. Threat is both real and imminent. Danger of it beginning is both real and imminent.
5
Q
When can a person be released following an arrest of breach of the peace?
A
They can be released and dearrested if it is deemed that a risk of a breach no longer exists. Can be bound over through application to magistrates to avoid further breaches. Conditions placed eg keep the peace for a specified time.
