Breach Of Peace
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Breach Of Peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public order England, Wales and Northern Ireland In England and Wales, theoretically all criminal offences cognizable by English law involve "a breach of the Peace (law), King's peace", and all indictments formerly concluded "against the peace of our Lady the Queen, her crown and dignity" before the passage of the Indictments Act 1915 and the Rules that formed that Act's first schedule. The conclusion has also found its way into constitutional law in many State constitution (United States), United States state constitutions, which mandate that indictments within the state end in a similar manner to the above, usually omitting the "crown" part or substituting "government". For example, New Jersey's is "against the peace of this State, the government a ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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Alfred The Great
Alfred the Great (alt. Ælfred 848/849 – 26 October 899) was King of the West Saxons from 871 to 886, and King of the Anglo-Saxons from 886 until his death in 899. He was the youngest son of King Æthelwulf and his first wife Osburh, who both died when Alfred was young. Three of Alfred's brothers, Æthelbald, Æthelberht and Æthelred, reigned in turn before him. Under Alfred's rule, considerable administrative and military reforms were introduced, prompting lasting change in England. After ascending the throne, Alfred spent several years fighting Viking invasions. He won a decisive victory in the Battle of Edington in 878 and made an agreement with the Vikings, dividing England between Anglo-Saxon territory and the Viking-ruled Danelaw, composed of northern England, the north-east Midlands and East Anglia. Alfred also oversaw the conversion of Viking leader Guthrum to Christianity. He defended his kingdom against the Viking attempt at conquest, becoming the dominant ruler ...
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Streaking
Streaking is the act of running, often naked, through a public area for publicity, as a prank, a dare, or a form of protest. Streaking is often associated with sporting events, but can occur in more secluded areas. Streakers are often pursued by sporting officials or the police. Definitions and etymology The word has been used in its modern sense only since the 1960s. Before that, ''to streak'' in English since 1768 meant "to go quickly, to rush, to run at full speed", and was a re-spelling of ''streek'': "to go quickly" (c.1380); this in turn was originally a northern Middle English variant of ''stretch'' (c. 1250). In December 1973, a graduate of Carleton College in Northfield, Minnesota wrote to ''Time'' magazine that the term "streaking" was coined because the nude students ran primarily during the winter months of January and February, and "unless one appeared as a streak against the landscape, the Minnesota winter was triumphant and streaker became statue.""Letters", ''T ...
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High Court Of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi. The president of the High Court is the Lord Justice General, who holds office '' ex officio'' by virtue of being Lord President of the Court of Session, and his depute is the Lor ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Public Order Act 1986
The Public Order Act 1986 (c 64) is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendationsThe
Law Commission. Criminal Law: Offences relating to Public Order (Law Com 123). HMSO. 1983.
of the .


Background

Before the introduction of the Public Order Act 1986, policing public order was based on various relevant

Harassment, Alarm Or Distress
Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994. The offence The offence is created by section 5 of the Public Order Act 1986. Section 5(1) provides: :"(1) A person is guilty of an offence if he/she: ::(a) uses threatening r abusivewords or behaviour, or disorderly behaviour, or ::(b) displays any writing, sign or other visible representation which is threatening r abusive :within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby." In February 2014 Parliament passed a redaction of the statute which removed the word "insulting" in subsections "a" and "b" following pressure from citizens. This offence has the following statutory defences: :(a) The defendant had no reason to believe that there was any person within hearing or sight who was likely to be alarmed or ...
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Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the Act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the Act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the Act establishes a six-month limitation period for summary (but not indictable) offences. See also *Magistrates' Courts Act Magistrates' Courts Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to magistrates' courts. The Bill for an Act with this short tit ...
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Bind Over
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. In the United Kingdom In a 1988 article in the '' Cambridge Law Journal'', British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the British criminal justice system, and explains the process as follows: The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behavior, which originated as a type of conditional pardon given by the king. The modern statutory authoriz ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace or ...
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