Dealing with breach of the peace
50 Dealing with breach of the peace
This section applies if a police officer reasonably suspects—
a breach of the peace is happening or has happened; or
there is an imminent likelihood of a breach of the peace; or
there is a threatened breach of the peace.
It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.Examples for subsection (2)—
1 The police officer may detain a person until the need for the detention no longer exists.
2 A person who pushes in to the front of a queue may be directed to go to the end of the queue.
3 Property that may be used in or for breaching the peace may be seized to prevent the breach.
It is lawful for a police officer—
to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code, section 260; and
to detain the person in custody for a reasonable time.
This Act’s bill:Explanatory memorandum
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