Breach Of The Peace?

[securespark]

Was it strictly a breach of the peace?

The guy who yelled stuff at Andrew?

 

[Stivino]

As I understand it, breach of the peace seems to cover everything that they can't put in a specific pigeon hole.

 

[carmanmemoranda]

Its a fine line between free speech and breach of the peace.

Personally ( no fan of andrew or any royal) now, and there, was neither the right time or the place.

But once you remove the right to protest it is a very slippery slope.

 

[mattylad]

When he got dragged off and hopefully given a good kicking - that may have been a breach of the peace, or at least allowing everyone else to get some.

 

[carmanmemoranda]

When he got dragged off and hopefully given a good kicking - that may have been a breach of the peace, or at least allowing everyone else to get some.

Very slippery slope

 

[Lower]

Was it strictly a breach of the peace?

The guy who yelled stuff at Andrew?

Yes, he was creating a disturbance that was likely to result in unrest. As was evidenced by those in the crowd that dragged him out before a police office could intervene and stop an assault on him.

I don't like Andrew, but it was incredibly disrespectful to the other royals and all the people who had gathered to watch the queens coffin pass for the idiot to shout out what he did at that time. I have no problem with people protesting about Andrew's behaviour, but there is a time and and place and yesterday was most definitely not it. Just another example of today's entitled generation who think they have the right to say and do what they want, when they want, with no consideration towards other people.

 

[motorbiking]

There is no offence of Breach of the Peace as such. It's a old term that gives a constable some power. What we do have is the Public Order Act 1986 which has various levels of naughtiness.

Public Order Act 1986

An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide...

www.legislation.gov.uk

I suspect this is a section 5 offence. For Breach of the Peace in general terms R v Howell 1982 is precedent, there needs to be a risk of violence. The argument being that a person who angers the crowd is likely to end up in a fight, thus a constable or any citizen can arrest the person to prevent such an act.

EDIT: I realise this is Scottish law - they therefore do have such an offence .
S38, https://www.legislation.gov.uk/asp/2010/13/section/38

 

[Odds]

There is no offence of Breach of the Peace as such. It's a old term that gives a constable some power. What we do have is the Public Order Act 1986 which has various levels of naughtiness.

Public Order Act 1986

An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide...

www.legislation.gov.uk

I suspect this is a section 5 offence. For Breach of the Peace in general terms R v Howell 1982 is precedent, there needs to be a risk of violence. The argument being that a person who angers the crowd is likely to end up in a fight, thus a constable or any citizen can arrest the person to prevent such an act.

It's been used to good effect to prevent honest souls a-slumber from being roused at a God-awful hour by some pish-'ead 'singing' an off-key tune about gnomes and philosophers - disturbing the peace.
This has caused a bit of a kerfuffle among Guardianistas who claim their rights are being infringed but as Lower eloquently put it, they should think about other people's rights, too, and not always about their right to shout slogans/opinions wherever they see fit.
The Royal Family are mourning the loss of their mother, grandmother and great-grandmother and as a human right deserve the common decency anyone else would receive at such a time.

 

[THFC]

When he got dragged off and hopefully given a good kicking - that may have been a breach of the peace, or at least allowing everyone else to get some.

Yeah. I imagine he'll be the recipient of a 'Glasgow Kiss' in the very near future

 

[diy_fun_uk]

There's a time and a place.

That was neither.

Idiot. I loved the 'now you see him now you don't'

 

[^woody^]

Oh those debating "the law" and "the right to protest" and forgetting, or worse disregarding what is morally and ethically right.

There really is no debate.

 

[Deleted member 294929]

He's lucky the police come when they did. . . Otherwise he could have been black pudding .

 

[Notch7]

These people do it to be provocative…..and if you provoke people you might get a kicking.

 

[fillyboy]

These people do it to be provocative…..and if you provoke people you might get a kicking.

Yes, best keep yer head down Notch.