Right to Liberty and Security of the Person - Breach of the Peace - Definition - Conduct Likely to Cause - Bind-over Procedure - Standard of Proof - Percy v. DPP
![handle is hein.journals/jcivl1 and id is 75 raw text is: [1996] Case Analysis 73
RIGHT TO LIBERTY AND SECURITY OF THE PERSON
Breach of the peace - definition - conduct likely to cause - bind-over
procedure - standard of proof
Percy v DPP
6th December 1994 Queens Bench Divisional Court (Balcolme LJ and
Collins J)
THE FACTS
The facts found were that the appellant had entered a US military base
at RAF Alconbury on five occasions on the afternoon of 24 April 1989
to protest about the illegality of the RAF Alconbury by-laws and the
expansion of the war machine. On the last occasion she was arrested for
obstruction under the bye-laws. A complaint was laid that she was guilty
of conduct likely to cause a breach of the peace. The justices found that
the appellant herself did not use or threaten violence but that she had
repeatedly trespassed on the airfield. They found the case proved and
proposed to bind the appellant over to keep the peace and be of good
behaviour. Upon her refusal she was imprisoned for 14 days. She
appealed by way of case stated.
THE DECISION
The court held, allowing the appeal, the conduct in question does not
itself have to be disorderly or a breach of the criminal law. It is sufficient
if its natural consequence would, if persisted in, be to provoke others to
violence. The dicta of Lord Denning in R v Chief Constable of Devon and
Cornwall ex parte CEGB [1982] QB 458 that there is a breach of the
peace whenever a person who is lawfully carrying out his work is unlaw-
fully and physically prevented by another from doing it was erroneous
and the definition in R v Howell [1982] QB 416 which was limited to
violence or threats of violence was to be preferred.
Whatever the nature of the proceedings (civil or criminal) the proper
standard to be applied is the criminal standard namely proof beyond
reasonable doubt.](ViewImageLocal?handle=hein.journals/jcivl1&div=11&collection=&method=preview&ext=.png&size=3)
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