Public Order Law: Breach of the Peace Flashcards
(10 cards)
Which of the following best describes a breach of the peace under common law?
A. An act or likely act involving harm to a person, property, or causing fear of violence
B. Any gathering of over ten people
C. Any disruption to local traffic
D. A political protest without police notice
A. An act or likely act involving harm to a person, property, or causing fear of violence
Explanation: As per R v Howell, a breach occurs when harm is done or likely to be done, or fear of such harm arises from conduct.
What power does a police officer have under common law to prevent a breach of the peace?
A. They may issue fines for non-compliance
B. They must contact the Home Secretary
C. They may apply for a judicial warrant
D. They may arrest without warrant to prevent imminent violence
D. They may arrest without warrant to prevent imminent violence
Explanation: Police may use reasonable force and arrest without a warrant if they reasonably believe a breach is imminent or ongoing.
What is the legal status of breach of the peace in England and Wales?
A. It is a statutory offence
B. It is a civil wrong only
C. It is a tort requiring compensation
D. It is not a criminal offence but may justify preventive police action
D. It is not a criminal offence but may justify preventive police action
Explanation: Breach of the peace is not an offence in itself, but it justifies police action to prevent anticipated violence or disruption.
What was the key finding in R v Howell [1982]?
A. A breach of the peace involves imminent harm or fear of violence
B. All protests require judicial authorisation
C. Assembly without a permit is unlawful
D. Noise alone constitutes breach of the peace
A. A breach of the peace involves imminent harm or fear of violence
Explanation: Howell remains the leading authority on the modern definition of breach under common law.
What does Article 5 ECHR protect in the context of breach of the peace?
A. Freedom from search
B. Right to liberty – arrests must be lawful and proportionate
C. Right to silence during questioning
D. Freedom of religion
B. Right to liberty – arrests must be lawful and proportionate
Explanation: Article 5 requires any detention (including for breach) to be lawful, necessary, and proportionate.
In Laporte [2006], what did the House of Lords decide about police action?
A. Police have absolute discretion during protests
B. Police containment was disproportionate
C. Police acted lawfully by arresting all protesters
D. Police must base preventive actions on imminent threat, not suspicion
D. Police must base preventive actions on imminent threat, not suspicion
Explanation: In Laporte, the police were found to have acted unlawfully by removing peaceful protesters without evidence of imminent violence.
What principle was established in Austin v Commissioner of Police [2009]?
A. Protests must be licensed
B. Assemblies are illegal during state visits
C. Containment may be lawful if necessary and proportionate
D. All protesters must be fingerprinted
C. Containment may be lawful if necessary and proportionate
Explanation: The court ruled “kettling” did not violate Article 5 where used reasonably in the public interest.
Who can lawfully act to prevent a breach of the peace?
A. Only senior police officers
B. Only magistrates
C. Any individual, including members of the public
D. Members of Parliament only
C. Any individual, including members of the public
Explanation: Any person may act to prevent a breach — including police or civilians, provided their intervention is reasonable.
What is the role of judicial review in relation to breach of the peace policing?
A. It authorises police to use force
B. It ensures police decisions are lawful, necessary, and proportionate
C. It gives courts power to set protest times
D. It limits Article 11 rights
B. It ensures police decisions are lawful, necessary, and proportionate
Explanation: Judicial review protects the rule of law, ensuring police do not overstep legal boundaries.
What key principle governs the lawfulness of police interference with protest rights under Articles 10 and 11 ECHR?
A. Public sentiment
B. Political affiliation
C. Reasonable suspicion
D. Lawfulness, necessity, and proportionality
D. Lawfulness, necessity, and proportionality
Explanation: Any limitation on expression or assembly must satisfy the threefold test under the ECHR: legal basis, legitimate aim, and proportionality.
