Download This PaperConstraining Arrest for Breach of the Peace
(2000) 59 Cambridge Law Journal at 421
Victoria University of Wellington Legal Research Paper No. 123/2017
5 Pages Posted: 6 Feb 2014 Last revised: 21 Sep 2017
Date Written: 2000
Abstract
Given that it was no more than a decision of the Divisional Court, and a pre-War decision at that, the case of Duncan v. Jones [1936] 1 K.B. 218 has exercised a remarkably enduring influence. The case appeared to give the police enormous operational discretion in dealing with actual and prospective breaches of the peace. When a constable reasonably apprehended a breach of the peace, he could take steps (arguably, only reasonable steps) to prevent it or its recurrence. This disarmingly simple formula made it very difficult to challenge, let alone control, the way in which the police exercised their powers.
Keywords: Duncan v Jones, breach of the peace, obstruction, freedom of speech
JEL Classification: K1, K14
Suggested Citation: Suggested Citation
A. T. H. Smith (Contact Author)
Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )
PO Box 600
Wellington, 6140
New Zealand
