Breach of the peace – arrest and entry

Common law

A common law power to arrest or detain someone, and to enter premises, to deal with a breach of the peace happening now or to prevent one about to happen.

Breach of the peace – arrest and entry · Common lawCard 18 / 59

When you can use it

The conduct involves violence or the threat of violence: harm to a person, or to their property in their presence, or fear of such harm
Arrest – in the presenceA breach is being committed in the presence of the person arresting
Arrest – imminentThe arrester reasonably believes the person arrested will commit a breach in the immediate future
Arrest – renewalA breach has been committed and the arrester reasonably believes a renewal is threatened
EntryEntering premises is necessary to deal with a breach taking place there, or to prevent one reasonably believed to be imminent
Action is normally taken against the person whose conduct is causing the threat of violence

What it allows

Arrest or detain a person to stop a breach of the peace, or to prevent one that is imminent or about to be renewed.
Enter premises without a warrant, including a private home, to deal with or prevent a breach. Section 17(5) PACE 1984 abolished the other common law powers of entry, but s.17(6) keeps this one.
Use reasonable force to do either.

Key definitions

Breach of the peace – as defined in R v Howell 1982 (Court of Appeal), which also sets out the three grounds for arrest. The core is violence or the threat of violence. Noise, rudeness or a row without any threat of harm is not enough.
Imminent – the breach must be about to happen, not just possible at some later time (R (Laporte) v Chief Constable of Gloucestershire 2006, House of Lords).
Private premises – a breach can happen on private premises, even where only people inside are affected.

Safeguards

Tell the person they are under arrest, and why, at the time or as soon as practicable (PACE s.28, which applies to any arrest).
This is not an arrest for an offence, so the PACE detention time limits do not apply. Release the person once the threat has passed, or bring them before a magistrates’ court to be bound over.
Detention can continue only while a renewal of the breach is still reasonably feared (Chief Constable of Cleveland v McGrogan 2002).
If the person is taken to a police station, PACE Code C applies (para 1.10).

Good to know

Entry to a home must be justified by a real and present threat. In McLeod v UK 1998, officers who entered while the occupier was away breached Article 8.
If an offence is made out (for example common assault, or s.4 or s.5 of the Public Order Act 1986), arrest under s.24 PACE for that offence instead.
Exam trap: breach of the peace is not a criminal offence, so the person cannot be charged with it.

Legislation: Common law (opens legislation.gov.uk in a new tab)
Who can use it: Any person (including a constable)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Breach of the peace – arrest and entry: questions people ask

When can the police use breach of the peace – arrest and entry?

1. The conduct involves violence or the threat of violence: harm to a person, or to their property in their presence, or fear of such harm 2. A breach is being committed in the presence of the person arresting 3. The arrester reasonably believes the person arrested will commit a breach in the immediate future 4. A breach has been committed and the arrester reasonably believes a renewal is threatened 5. Entering premises is necessary to deal with a breach taking place there, or to prevent one reasonably believed to be imminent 6. Action is normally taken against the person whose conduct is causing the threat of violence

Who can use breach of the peace – arrest and entry?

Any person (including a constable)

What law gives the power for breach of the peace – arrest and entry?

It is a common law power, developed by the courts rather than set out in an Act.

More powers of arrest

All powers of arrest