Breach of the peace is a crime in public places that could disturb others. It comes from Commonwealth nations with a monarch and can include arguing, loud singing, and disruptive behavior. Violating peace laws can be used to crack down on unsanctioned demonstrations and can result in warnings, arrests, fines, or public service.
A breach or disturbance of the peace is an activity in a public place that could reasonably disturb or upset others. Breach of the peace is generally treated as a crime, and sometimes the person who commits it will only receive a warning, asking him to cease his activity in the interest of maintaining law and order. Many nations have laws relating to such unrest on their books, and they are interpreted and used in different ways.
The idea of a breach of the peace comes from Commonwealth nations where there is a monarch. Historically, the king’s or queen’s peace was a right supposedly extended to all citizens living in the monarchy; disturbances of the peace were considered a disturbance of the monarch, as well as an offense to the dignity of the nation. In several monarchies, these laws are actually quite strict, as seen in the Public Order Acts used in Great Britain to suppress a variety of activities.
Things that might be considered a breach of the peace may include arguing, loud singing, being drunk and disorderly, and engaging in other loud or destructive behavior. In some nations, it must pose a threat of some kind; beyond just being upsetting, it has to be something that makes people fear for their safety. In others, generally loud, disruptive, or obnoxious behavior may be grounds for a warning or arrest by law enforcement agencies, among other things, to keep the peace.
In some cases, violating peace laws can be used to crack down on unsanctioned demonstrations. The argument here is that when a march is permitted, the community has time to prepare and the event is not considered a legal nuisance because it occurs by prior arrangement. A spontaneous or unauthorized demonstration, however, could pose a threat to safety and comfort, and thus could be broken up in violation of the laws of the peace, depending on the nation.
In some cases, someone who disturbs the peace can be taken into custody. This is often done when there are safety concerns, such as when someone who is drunk is wandering down the street. People can also be fined or sentenced to perform public service as a penalty for breach of the peace, with such punishments usually occurring after multiple warnings have been given.
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