Breach of peace PDF

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Common law powersBreach of the peace R v Howell- act done which can likely or does cause harm to person or property . This has to result in an imminent breach of the peace. If the threat to the peace is no imminent then a police officers can not stop you.

Laporte – A group peace protestors on a coach from London to Gloucester – RAF base. US has flown bomber planes to drop bombs in Iraq. Coach is stopped 4 and half miles away from base. Told the protestors , they can not complete their journey and have to go back to London. Article 10- Freedom of procession Article 11- interference with freedom to protest. Article 5- claim ,right to liberty as the protestors are held captive on coach all the way to London.

Police have a power to stop people from doing stuff which they feel there is a breach of peace. For the police to direct you , have to suspect a imminent breach of peace.

Austin &Saxby3000 people had congregated across Oxford Centre area. Police were not informed by protestors .They resort to the tactic of kittling. They imposed a circle around the protestors. They would let number of people out at a controlled time across the afternoon.

Highway act 1980If a person willing fully obstruct the highway.

Wilful Obstruction of PC in execution of duty Police ACT 1996- give police officer a tremendous decree of discretion. Duncan v Jones Case before 1966 act- national unemployed workers movement...