The Importance of Breach of the Peace
The Importance of Breach of the Peace
This Chapter suggests that the crime of breach of the peace is of greater importance than one might imagine. Although the behaviour of the accused in most breach of the peace cases reflects relatively minor wrong-doing, this is not an invariable rule. Its characterisation as a trivial crime belies the fact that it is highly useful for the prosecution. Further, as a common law crime, the maximum punishment which can be imposed for a breach of the peace is determined only by the general sentencing powers of the court which hears the case, and while those convicted of breach of the peace are often fined, offenders are not always dealt with by means of a monetary penalty.
Keywords: Prosecution, Sentencing, Common law, punishment
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