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CRIMINAL LAW, EVIDENCE AND PROCEDURE - ARREST AND DETENTION - ARREST - ARREST WITHOUT WARRANT - FOR BREACH OF THE PEACE - WHAT AMOUNTS TO BREACH OF THE PEACE - ACTS AMOUNTING TO BREACH OF THE PEACE — BREACH ON PRIVATE PREMISES
A police constable arrested the plaintiff when he attempted to re-enter a carpet store on the ground that his conduct was likely to cause a breach of the peace. When the magistrates made no order to bind over, the plaintiff claimed damages for false imprisonment, contending that if there had been a breach of the peace it would have taken place inside the store on private premises.
On appeal: Held it was clear from authorities that the courts had accepted that a breach of the peace at common law could take place on private premises. The fact that no member of the public was present should not be a restriction on a police constable’s power to make an arrest where he genuinely believed a breach of the peace might occur. Accordingly, the appeal would be dismissed.
At common law a breach of the peace can occur on private premises even if the only persons likely to be affected by the breach are inside the premises and no member of the public outside the premises is involved. Accordingly, where a police officer genuinely suspects on reasonable grounds that a breach of the peace is likely to occur inside private premises he is entitled to exercise his common law power to arrest for breach of the peace without
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