What is Breach of the Peace?

Breach of the peace is a common law concept that has existed for centuries. It gives police — and in some circumstances, private citizens — the power to act to prevent or stop conduct that threatens public order.

What Constitutes a Breach of the Peace?

A breach of the peace occurs when:

• An act is done or threatened to be done that either actually harms a person, or in their presence their property, or is likely to cause such harm
• Or a person is in fear of being harmed through an assault, affray, riot, unlawful assembly or other disturbance

Police Powers

Police may arrest a person without a warrant if they reasonably believe a breach of the peace is occurring or is imminent. They may also enter private premises to prevent a breach of the peace.

Citizen's Powers

A private citizen may also take reasonable steps to prevent a breach of the peace — including detaining a person until police arrive. However, this power must be exercised with great care, as an unlawful detention could constitute false imprisonment.

Relevance for Process Servers

Process servers may encounter situations where a respondent becomes aggressive or threatening. In such circumstances, the server should withdraw and contact police if they believe a breach of the peace is occurring or imminent. Process servers should never attempt to physically restrain a person or escalate a confrontation.

Citiserve's Approach

Citiserve's process servers are trained to de-escalate difficult situations and to withdraw safely if a serve becomes dangerous. The safety of our servers and the public is always our first priority.