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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 - POLICE — POWERS — ENTRY TO PRIVATE PREMISES WITHOUT WARRANT — ENTRY TO PREVENT APPREHENDED BREACH OF THE PEACE — WHETHER POWER OF ENTRY RESTRICTED TO PREMISES WHERE PUBLIC MEETING BEING HELD
Notes
This case establishes the right of the police to enter private premises to prevent a breach of the peace. This power is not restricted merely to premises where public meetings are to be held but to any premises including dwellings.
However the police must have a genuine belief that a breach of the peace is likely before entering private premises and must act with great care and discretion in doing so.
So if your group were holding a public meeting about the forthcoming visit of President Bush to your town, the police could not enter the premises and remain unless they reasonably suspected a breach of the peace was likely to occur. If the police had no genuine fear of a breach of the peace and you spotted them at the meeting you could ask them to leave. If they refused to leave then you could use reasonable force to escort them from the premises.
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