Queen's Peace - Enforcement

Enforcement

Officers of the Queen's peace have the right to detain a person who is creating a breach of the peace. This is not a criminal or civil offence; it exists as a legal oddity created by the Royal Prerogative. Persons so detained must be taken before a magistrate (a Justice of the Peace), who will "bind them over" in order to keep the peace, whereafter the person may not disturb the peace again for the appointed time, under threat of imprisonment. The police will frequently use this power to break up difficult situations or minor fights; often, a perpetrator will be detained only briefly, until the officers are satisfied that the fight is over. Alternatively, if alcohol is present, for instance, the offender can be held until sober enough to face the magistrate. Because a breach of the Queen's peace is not a criminal offence, people found to have broken it will not have the charge marked on their criminal record.

Murder remains a common law offence, defined as "Where a person of sound mind and discretion unlawfully kills any reasonable creature in being and under the Queen’s peace with intent to kill or cause grievous bodily harm," however, the Queen's peace excludes killing of the enemy during a war.

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