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Breach of the peace – Civil trespass – Appellant remaining on showroom premises after being requested to leave – Appellant refusing to leave premises – Showroom requesting attendance of police – Police arresting appellant for breach of peace – Whether police entitled to act as agents for showroom when removing appellant – Whether arrest for breach of peace lawful
Notes
This case establishes the following. Firstly the police, just like any other person, may act as agents for the landlord in removing protestors.A landlord is entitled to use reasonable force to remove trespassers from his property, and may ask anyone - including police officers - to assist.
Secondly the case establishes that it is part of the police's duty to assist in removing trespassers if called upon to do so.
This case dispels the myth, held by some activists, that the police cannot remove protestors from private land - they can. Howver, the police can only arrest for breach of the peace if they attempt to remove a protestor and they resist. This violence offered by the protestor then triggers the police's common law power to arrest for breach of the peace.
So for example you're on a hunt sab or protesting in a bank and the police officer asks you to leave. You refuse to do so, and at this stage of the protest no violence has been provoked or caused, nor is it likely to happen. The police cannot lawfully arrest you to prevent a breach of the peace simply by your refusal to leave, if no other violence has occured or is about to occur. The police officer may then take hold of you and remove you from the bank / field- so long as you do not resist then there is no power of arrest.
Some people often ask whether the police can act as agents, where they have not been authorised in advance to act as agents by the landowner. There does not seem to be any settled case law to answer this, but in our opinion the courts would probably allow restrospective authorisation by the landowner in cases where the landowner had not requested help in advance.
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