Breach of the peace

Question 1

When is there a breach of the peace?

Answer 1

whenever harm is actually done or likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance

Question 2

Imminent breach requirement

Answer 2

reasonable apprehension of a sufficiently imminent breach of the peace is required to justify preventative action

Question 3

Steps to prevent breach of the peace must be

Answer 3

necessary, reasonable and proportionate

Question 4

the police have a duty to prevent a breach of the peace which they

Answer 4

reasonably anticipate

Question 5

In certain circumstances the police will be permitted to adopt highly restrictive measures to prevent a breach of the peace even though the

Answer 5

rights of innocent bystanders may be affected (eg kettling)