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R v CC Devon ex p CEGB (1981)

Last modified: Thu Feb 23 16:37:37 2006

This case (R v Chief Constable of Devon and Cornwall Constabulary ex parte Central Electricity Generating Board [1981] 3 All ER 26) is notable for its attempt to broaden the scope of BreachOfThePeace. The case concerned a group of protesters who had occupied a field which staff of the CEGB wanted to survey for its suitability for the location of a nuclear power station. The protest was peacable, but it was argued that there should have been a power to arrest the demonstrators under the common-law provisions for breach of the peace. Denning MR tended to agree, claiming that if protesters prevent the execution of lawful business, then a police officer would be justified in anticipating a breach of the peace, and could arrest them. In the end, it appears that courts have preferred the narrower definition of breach of the peace in RVHowell1981.

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