Breach of the peace

Public order

A common law power allowing a constable (and any citizen) to arrest a person where a breach of the peace is happening, has just occurred and its recurrence is imminent, or there are reasonable grounds to apprehend that a breach will occur in the immediate future. A breach of the peace involves actual or threatened violence to persons or property. It does not of itself constitute a criminal offence.

In practice

A person detained for breach of the peace must be released once the risk of breach has passed and cannot be held indefinitely. If detained, they may be brought before a magistrates' court to be bound over to keep the peace. The power is not limited by PACE in the same way as a statutory arrest, but restraint must still be reasonable and proportionate.

Related terms

Dispersal order
Section 60 authorisation
Affray

Last updated 24 September 2026