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Breach of the Peace$
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Pamela R. Ferguson

Print publication date: 2013

Print ISBN-13: 9781845861490

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861490.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 29 March 2020

The Importance of Breach of the Peace

The Importance of Breach of the Peace

Chapter:
(p.1) Chapter 1 The Importance of Breach of the Peace
Source:
Breach of the Peace
Author(s):

Pamela R Ferguson

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861490.003.0001

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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