The document discusses breaches of the peace according to Giambrone Law. It defines a breach of the peace as any unlawful violence against property or people. While not a criminal offense itself, the police have authority to prevent breaches of the peace from occurring. Breaches can include actions that harm people or property or are likely to provoke violence in others. The police have options to defuse situations, make arrests using common law powers, or enter private property to stop breaches of the peace from occurring. However, these laws could potentially conflict with some human rights. Citizens can also make arrests for breaches of the peace but should use extreme caution or risk liability for false imprisonment.

1. Giambrone Law provides an explanation about
breaches of the peace
Breach of the peace, Giambrone Law says, is a common law concept that has been used for
the prevention of unlawful violence against property or people. Within the context of this
law, the term peace relates to the Queen’s peace and is defined as the ‘opposite of war’.
Beaching the peace is not a criminal offence in and of itself, but the police do have the
authority to prevent or stop someone from breaching the peace by committing a violent act.
In terms of what might constitute a breach of the peace, Giambrone Law explains, this can be
said to be any action that harms a person or their property, or any act which is likely to
provoke others to carry out a violent act.
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The police in the UK have a number of different options in regards to handling a breach of
the peace; they can try to defuse the situation and thus resolve the issue without the need for
the use of common law powers, they can use these common law powers to arrest the person
or they can use their common law powers relating to entry.
In practical terms, this means that the police have the authority to arrest anyone who they
believe has committed, or is about to commit a breach of the peace, and if they have good
reason to think that a breach of the peace is being committed on private property, they can
enter that property without the need for a search warrant, in order to prevent or stop the
breach. However, Giambrone Law experts point out that the laws surrounding breaches of the
peace could potentially conflict with several articles within the European Convention on
Human Rights, specifically those that relate to freedom of expression, security and liberty.
Every citizen in the UK has the right to make an arrest to prevent or stop a breach of the
peace, but Giambrone Law adds that extreme caution should be made before such an arrest is
made, as if the arrest is found not to be lawful, the citizen who carries it out could be held
liable for false imprisonment.