It’s not enough that the police officer anticipated an imminent breach of the peace.The cases of Albert v Lavin and Paddington v Bates are cases that give some direction and insight, namely: To determine what is a reasonable apprehension of an imminent breach of the peace the courts resort to previous cases referred to as case law. Police in NSW can arrest you if the officer reasonably apprehends an imminent breach of the peace from you. More specifically section 4 of the Law Enforcement (Powers and Responsibilities) Act (NSW) allows for this historical common law power to remain in NSW.Ĭan Police Arrest You for Breaching the Peace? Where does the breach of the peace police power come from? The power of the police to arrest or search a person for committing a breach of the peace comes from the common law of Australia. Therefore, if you’re making noise, the police cannot arrest or restrain you to prevent a breach of the peace. ![]() The mere making of noise in public does not constitute a breach of the peace in New South Wales. 383)ĭoes Making Noise Amount to a Breach of the Peace? Includes an act done or threatened to be done which either harms person (or his property), or is likely to cause such harm, or which puts someone in fear of such harm being done (R v Howell 3 All E.R.Each case will be fact dependent (NSW v Bouffler NSWCA 185). Includes, a wide range of actions and threatened actions or a realistic apprehension of self-harm.Does not include mere disturbance not involving violence or threat of same.Is Using Offensive Language a Breach of the Peace?.Can Police Arrest You for Breaching the Peace?.Does Making Noise Amount to a Breach of the Peace?.This power is broader and less restrictive than the normal police powers of arrest under section 99 of the Law Enforcement (Powers and Responsibilities) Act (NSW). NSW police officers have powers to deal with breaches of the peace, which includes the power to search and arrest a person if that person is committing a breach of the peace. Each case will be dependent upon its own facts. The case of State of New South Wales v Bouffler NSWCA 185 also expressed the meaning of a “breach of the peace” and said that it includes “a wide range of actions and threatened actions that interfere with the ordinary operation of civil society.”Ī mere disturbance if it does not involve violence or a threat of violence does not constitute a “breach of the peace”.Ī breach of the peace is not exhaustive and may be constituted in many ways. This definition of breach of the peace was expressed in the case of R v Howell 3 All E.R. ![]() ![]() A “breach of the peace” includes an act done or threatened to be done which either actually harms a person or in his presence his property, or is likely to cause such harm, or which puts someone in fear of such harm being done.
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