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McQuade v Chief Constable of Humberside Police
[2001] All ER (D) 162 (Jul)
12th July 2001

CRIMINAL LAW, EVIDENCE AND PROCEDURE - BREACH OF THE PEACE – COMMON LAW OFFENCE – BREACH OF THE PEACE ON PRIVATE PREMISES – CLAIM FOR WRONGFUL ARREST – WHETHER BREACH OF PEACE CAN OCCUR ON PRIVATE PREMISES WHERE NO MEMBER OF PUBLIC OUTSIDE PREMISES INVOLVED

Notes

This case upholds the right of the police to arrest for breach of the peace in domestic incidents where no members of the public are present. However the power should only be arrested in the most exceptional of circumstances.


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