Talk:Breach of the peace
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|WikiProject Law||(Rated Start-class, Mid-importance)|
There is permission for non-officer arrests only in cases of "breach of the peace" misdemeanors. Which misdemeanors are those?
Merge with disturbing the peace?
England and Wales
I'm not sure who wrote that in England and Wales Breach of the Peace has been superseded by the Public Order Act. As an English police officer, I can assure you that we arrest for Breach of the Peace every day. It's one of the commonest of all arrests, since it's often used in domestics or street fights to rapidly separate the parties. -- Necrothesp 17:10, 25 January 2007 (UTC)
My understanding is that although there is a power to restrain breaches of the peace by force (including arrest), it is not actually a distinct offence at common law or otherwise, and a "bind-over" is a preventative order, not a sentence (or "punishment").James500 (talk) 16:20, 28 November 2008 (UTC)
The case (R v Howell  3 WLR 501 CA) & Bibby v Chief Conststable of Essex gives guidance that states:
A breach of the peace occurs wherever harm is actually done or is likely to be done to a person or in his presence his property, or a person is in fear of being so harmed, through an assault, an affray, a riot, unlawful assembly or other disturbance
I'm a bit concerned about the third paragraph under the heading "Public order" that mentions "constables (not just police)". The term "constable" as well as being a rank within the police is also a legal term of art. 'Any' police officer is a constable. So to have the phrase "constables (not just police)" seems a bit misleading. Proposal for removal? LosHavros (talk) 18:59, 28 February 2009 (UTC)
Perhaps it's relating to Special Constables who are not Police?
The constitutional law bit belongs under parliamentary privilege/ Article One of the United States Constitution#Section 6: Compensation, privilege, restriction on holding civil office and is misleading here. The rest needs rewriting to reflect current English law, it is largely inaccurate at the moment. However, is there a U.S. dimension? Can citizens be arrested for disturbing the peace and is it the same thing?Cutler (talk) 13:09, 23 January 2008 (UTC)
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