Breach of the peace: the case for abolition

Stone, Richard (2001) Breach of the peace: the case for abolition. Web Journal of Current Legal Issues , 2001 (2). ISSN 1360-1326

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Official URL: http://webjcli.ncl.ac.uk/2001/issue2/stone2.html

Abstract

This paper considers the various powers which are available to the police in respect of actual or anticipated breaches of the peace, and then questions whether they are necessary. In most cases, it is argued, the common law power is uncertain in its scope, and carries the risk of inappropriate or disproportionate use. There is also duplication, in that the common law power is matched by equivalent statutory powers. Given that the statutory powers are more clearly defined, and may be subject to safeguards not present in the common law, it is suggested that it would be preferable to abolish the common law power. This could be done without significantly restricting the power of the police to deal with behaviour which involves violence, or which may provoke violence

Item Type:Article
Additional Information:This paper considers the various powers which are available to the police in respect of actual or anticipated breaches of the peace, and then questions whether they are necessary. In most cases, it is argued, the common law power is uncertain in its scope, and carries the risk of inappropriate or disproportionate use. There is also duplication, in that the common law power is matched by equivalent statutory powers. Given that the statutory powers are more clearly defined, and may be subject to safeguards not present in the common law, it is suggested that it would be preferable to abolish the common law power. This could be done without significantly restricting the power of the police to deal with behaviour which involves violence, or which may provoke violence
Keywords:Public order, Law
Subjects:M Law > M210 Public Law
M Law > M211 Criminal Law
Divisions:College of Social Science > Lincoln Law School
ID Code:704
Deposited By: Bev Jones
Deposited On:25 May 2007
Last Modified:18 Jul 2011 16:13

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