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  Home > Law > Law glossary > Law glossary

R v Howell (1981)

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

This case (R v Howell [1981] 3 WLR 501 CA) is notable for its definition of BreachOfThePeace, which has been widely cited. Howell was arrested in the early hours of the morning, after being observed swearing and shouting. His arrest was deemed not to be unlawful, even though he had committed no particular offence, because there was a reasonable anticipation of a breach of the peace. The definition provided by Watkins LJ was

``...wherever harm is actually done or is likely to be done to a person or in his presence his property, or a person is in fear of being so harmed, through an assault, an affray, a riot, unlawful assembly or other disturbance.''

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