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CRIMINAL LAW, EVIDENCE AND PROCEDURE - ARREST – UNLAWFUL ARREST – ARREST WITHOUT WARRANT – APPREHENDED BREACH OF THE PEACE – POLICE HAVING HONEST BELIEF BREACH OF THE PEACE IMMINENT – CLAIMANT NOT ACTING UNLAWFULLY – WHETHER REASONABLE GROUNDS TO BELIEVE BREACH OF PEACE IMMINENT – WHETHER ARREST UNLAWFUL – DETENTION FOLLOWING ARREST – WHETHER FALSE IMPRISONMENT
Notes
This is an important case on breach of the peace. It confirms, upholding the principles in Howell and Foulkes, that a breach of the peace must be imminent to justify an arrest where no violence has already taken place.
It also emphasizes that the power to arrest for breach of the peace where the person's behaviour was lawful but provocative should only be exercised in extreme circumstances.
Finally it establishes that arrest for non-violent refusal to leave premises is unlawful.
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