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Arrest - Arrest without warrant - Breach of the peace - Apprehended breach of the peace - Policeman having honest belief that a breach of the peace was imminent - Plaintiff in fact acting lawfully - Whether arrest thereby unlawful.
Notes
This important case on breach of the peace establishes that the circumstances to justify an arrest for breach of the peace where no disturbance has already taken place.There must be a "a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty a citizen who was not at the time acting unlawfully".
This case is useful when faced with threats by the police to arrest for breach of the peace before any breach has actually occurred. It also upholds the principle established in R v Howell, that the threat of a breach of the peace must be sufficiently serious and imminent, if such a breach has not already occurred.
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