Breach of the peace

Common law

Not an offence but a common law power to arrest or detain to stop violence, and a ground for asking a court to bind someone over to keep the peace.

Breach of the peace · Common lawCard 66 / 195

Points to prove

Breach (R v Howell 1982)Harm was actually done, or was likely to be done, to a person, or in their presence to their property
OrA person was in fear of being so harmed through an assault, affray, riot, unlawful assembly or other disturbance
Arrest – in the presenceA breach was committed in the presence of the person arresting
Arrest – imminentThe arrester reasonably believed a breach would be committed in the immediate future by the person arrested
Arrest – renewalA breach had been committed and the arrester reasonably believed a renewal of it was threatened

Key definitions

Breach of the peace – defined in R v Howell 1982 (Court of Appeal). The core is violence or the threat of violence. Noise, rudeness or a disturbance without any threat of harm is not enough.
Not an offence – there is nothing to charge. A person arrested for breach of the peace is not arrested for an offence. They are detained only until the danger has passed, or brought before a magistrates’ court to be bound over.
Imminence – the breach must be about to happen, not merely possible at some later time (R (Laporte) v Chief Constable of Gloucestershire 2006, House of Lords).
Private premises – a breach of the peace can occur on private premises, even where only people inside are affected (McConnell v Chief Constable of Greater Manchester 1990).

Good to know

Any person may use the power, not only a constable. It also allows entry to premises to deal with or prevent a breach (preserved by s.17(6) PACE 1984).
Action should be taken against the person causing the threat of violence, not people acting lawfully who provoke a hostile reaction (Redmond-Bate v DPP 1999).
A bind-over is a promise (recognizance) to keep the peace for a set period, backed by a sum of money forfeited on breach. It is not a conviction.
If a criminal offence is made out (for example s.4 or s.5 Public Order Act 1986, or common assault), arrest and charge for that instead.

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Not a criminal offence (bind-over proceedings by complaint in the magistrates' court)
Maximum penalty: No penalty, as it is not a criminal offence. The court may bind the person over to keep the peace; refusing to be bound over can lead to committal to custody for up to 6 months (Magistrates' Courts Act 1980, s.115(3))
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Breach of the peace: questions people ask

What are the points to prove for breach of the peace?

1. Harm was actually done, or was likely to be done, to a person, or in their presence to their property 2. A person was in fear of being so harmed through an assault, affray, riot, unlawful assembly or other disturbance 3. A breach was committed in the presence of the person arresting 4. The arrester reasonably believed a breach would be committed in the immediate future by the person arrested 5. A breach had been committed and the arrester reasonably believed a renewal of it was threatened

Is breach of the peace a criminal offence?

No. Breach of the peace is not a criminal offence: it is dealt with by bind-over proceedings by complaint in the magistrates' court.

What can happen to someone for breach of the peace?

No penalty, as it is not a criminal offence. The court may bind the person over to keep the peace; refusing to be bound over can lead to committal to custody for up to 6 months (Magistrates' Courts Act 1980, s.115(3))

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