What it is
A breach of the peace occurs where harm is done or is likely to be done to a person, or in their presence to their property, or where a person is in fear of such harm. The police have a common law power to restrain a person to prevent or stop a breach, and the court can bind a person over to keep the peace.
Your rights
- The power of restraint must be reasonable and no more than necessary
- A bind over requires agreement, or it can follow an acquittal on related charges
- Refusing to be bound over can lead to imprisonment for contempt
- Compensation may be available for unlawful restraint
How we help
We advise on the limits of the common law power, challenge unlawful restraint, and represent clients in bind-over proceedings, including where a bind over is sought after an acquittal.
Frequently asked questions
No. It is not an offence, but a common law power to restrain and a basis for binding a person over to keep the peace.
Yes. A court can bind a person over to keep the peace even where they are acquitted of related charges, where the behaviour justified it.
Where the common law power was exercised unlawfully, a claim for false imprisonment or assault may follow. We advise on civil remedies.