Sentences with phrase «imminent breach of the peace»
«(iii) Where (and only where) there is a reasonable belief that there are no other means whatsoever whereby a breach of the peace or imminent breach of the peace can be obviated, the lawful exercise by third parties of their rights may be curtailed by the police; (iv) this is a test of necessity which it is to be expected can only be justified in truly extreme and exceptional circumstances; and (v) the action taken must be both reasonably necessary and proportionate.»
https://www.newlawjournal.co.uk/ Not exact matches
«(i) Where a breach of the peace is taking place, or is reasonably thought to be imminent, before the police can take any steps which interfere with or curtail in any way the lawful exercise of rights by innocent third parties they must ensure that they have taken all other possible steps to ensure that the breach, or imminent breach, is obviated and that the rights of innocent third parties are protected.»
The House of Lords held that Laporte could not be refused permission to proceed to the demonstration unless a breach of the peace was imminent at the time of refusal, which Lambert had stated was not the case.