Breach of the Peace (Common Law)

Breach of the peace is not a criminal offence. There is no statute that creates it and no offence to charge, so there is no definition, no points to prove and no sentence. It matters to officers for two reasons only: it gives rise to a common law power of arrest, preserved by s.17(6) PACE 1984, and it is the ground on which a magistrates' court may bind a person over.

The bind over is a civil order made on complaint, not a conviction. The power of a magistrates' court on the complaint of any person to adjudge any other person to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant is exercised by order on complaint (Magistrates' Courts Act 1980, s.115(1)). If a person ordered to enter into such a recognizance fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order (s.115(3)). The custody therefore follows the refusal to be bound over, not the original conduct.

Where the conduct amounts to an offence, charge the offence. The public order offences under the Public Order Act 1986 are the usual alternatives, and are on their own pages.

In practice

Breach of the peace is not a recordable offence: it does not result in a criminal record. Officers have a common law power to arrest where a breach of the peace is occurring, has occurred and may recur, or is imminently about to occur. A person arrested should be brought before a magistrates' court as soon as practicable. Body-worn video is important evidence. Officers must use this power proportionately: it should not be used to suppress lawful protest (Article 10 and 11 ECHR considerations).

This page is deliberately not in the pocketbook shape. The quoted definition, points to prove and sentence that every offence page carries do not exist here, because there is no offence.