There had been violent conflict between members of different unons in the context of the miners’ strike. The police had found it difficult to maintain the peace. The appellants were four of about sixty striking miners intent on a mass demonstration at one of several nearby collieries. They were stopped by the police when less than five minutes’ journey from the nearest pit, where the police feared a violent episode. The men tried to push on and were arrested.
Held: The court accepted a test of ‘close proximity both in place and time’ and a breach of the peace was held to be ‘imminent and immediate’.
Judges:
Skinner J
Citations:
[1985] IRLR 76
Jurisdiction:
England and Wales
Citing:
Approved – Piddington v Bates 1960
Two entrances to a printing works were picketed by striking printers. A police officer decided that there should be no more than two pickets at each entrance. The defendant wished to join the two pickets at the rear entrance. The officer said two . .
Not preferred – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited by:
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 02 September 2022; Ref: scu.247471