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Police – Police officer – Powers – Detention – Breach of the peace – Statutory provisions not applying to detention for breach of the peace – Police and Criminal Evidence Act 1984 – European Convention on Human Rights, art 5 – Human Rights Act 1998, s 3.
Notes
This case establishes that breach of the peace is not an "offence" as defined by the Police and Criminal Evidence Act 1984 (PACE). It follows that the provisions of PACE should not be considered when deciding whether or not to release a person detained for breach of the peace. Instead common law principles should be followed, according to which a prisoner should be released unless there is a real danger that if released he will commit a further breach of the peace.
This ruling appears to be at odds with McGrogan where it states that the PACE codes of practice should be applied to someone detained for breach of the peace. But the general principle established by McGrogan, namely that the prisoner should be released if there is no dange of him committing a further breach of the peace, is upheld.
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