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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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