Peace (law) facts for kids
The legal term peace, sometimes called the king's peace or queen's peace, is an old idea from common-law. It means keeping public order and safety.
The idea of the king's peace began in Anglo-Saxon law in England. At first, it gave special protection to the king's home and his helpers. Breaking the king's peace was a very serious matter. It could be a crime or a wrong against someone. Over time, in the 10th and 11th centuries, the king's peace grew. It started to protect special times (like holidays), places (like roads and churches), and people (like important visitors).
By the time of the Norman Conquest, the king's peace meant keeping public order more generally. Later, people like the King's Bench and local officials like the sheriff and justice of the peace helped the king keep the peace.
Today in Britain, the police are in charge of keeping the peace. This is different from their job of enforcing laws. The idea is still important in English law. In a 1989 court case, the Court of Appeal said the government could use special powers to keep the peace in the country.
Contents
Keeping the Peace in English Law
How the Idea Developed
Early Anglo-Saxon Times
The idea of "king's peace" started in Anglo-Saxon law. It was a way to say that the king or his palace was very important and should not be harmed.
Historians say the king's peace came from two main things:
- The special safety of the king's home. This was like the safety given to any free person's home, but even stronger for the king.
- The special protection for the king's helpers and others he wanted to protect.
So, if someone broke the king's peace, it was seen as directly disobeying the king. This was much more serious than just breaking public order. The person who did it could even be declared an outlaw.
Over time, the idea of the king's peace grew, especially in the 10th and 11th centuries. This happened as the king's household became bigger and included government offices and courts. Under kings like Æthelred and Cnut, the king's peace already covered certain times, places, people, and groups. This included important visitors, churches, and meetings.
After the Norman Conquest
After the Norman Conquest, the "king's peace" came to mean the normal way of keeping public order across the whole country. Even so, special protections were still given sometimes. For example, old laws said that the four main Roman roads in England and rivers that ships could use were under the king's peace. Also, the weeks around Christmas, Easter, and Pentecost were under the king's peace.
The king's peace started to take over smaller, local "peaces" that belonged to local lords. For instance, smaller roads used to be under the local sheriff's peace. But by the late 1300s, they were all under the king's peace.
Breaking the king's peace could be a crime or a wrong against someone. A person who broke the king's peace could be punished for both the act and for breaking the peace. Punishments included fines, losing property, jail time, or even more serious penalties.
In 1100, when Henry I became king, he said: "I establish a lasting peace throughout the whole of my kingdom and command that it henceforth be maintained." This showed that keeping good order was strongly linked to having a strong king.
The power of magistrates to make people promise to keep the peace started from these early ideas. This power was put into law in 1361. It grew from the Anglo-Saxon ways of keeping peace and the king's power to give his protection. Over time, this led to the creation of justice of the peace officials.
Impact on Old Laws
In old common law, killing a person was only considered murder if the victim was "under the king's peace." This meant that if someone was an outlaw or an enemy soldier in wartime, the king would not punish offenses against them.
Even killing someone in self-defense was seen as a wrong against the king. This was because it meant the king lost one of his subjects. So, killings in self-defense needed a special royal pardon. Also, hurting someone badly was a wrong against the king. This was because it made the person less able to serve, for example, in the military.
Keeping the Peace Today
Today, keeping the King's Peace is a main job for police services. Lord Scarman, in his report on the 1981 Brixton riot, said that the "Queen's Peace" means keeping "the normal state of society." He said it was the police officer's first duty, even before enforcing the law.
In 2011, Lord Judge said that the idea of the Queen's Peace is one of the most important ideas from medieval times that is still used today. He pointed out that police officers promise to "cause the peace to be kept and preserved and prevent all offences against people and property."
In a court case in 1989, R v Secretary of State for the Home Department, ex parte Northumbria Police Authority, the Court of Appeal said that the Home Secretary could use special powers to keep the peace. This meant the Home Secretary could buy things like plastic bullets and CS gas for crowd control. They could do this even without a specific law or approval from the local police.
Breach of the Peace
In modern English law, a breach of the peace itself is not a crime. However, if a breach of the peace has happened, or if police think it's about to happen, an officer (or even a regular person) can arrest someone without a warrant. This is a way to stop trouble before it gets worse.
Under the Magistrates' Courts Act 1980, a magistrate can order a person to "bind over" to keep the peace. This means the person agrees to pay money if they break the peace later. If someone refuses to agree, they can be jailed for up to six months. Also, it is a crime to stop an officer who is trying to prevent a breach of the peace.
The case R v Howell (1981) defined a breach of the peace. It means harm is done or likely to be done to a person, or to their property in their presence. It also means putting someone in fear of harm through an attack, a fight, a riot, or other disturbance. In 1998, the Steel v UK case decided that this was a fair limit on the freedom of assembly under human rights laws.
Medieval Scotland
In medieval Scotland, there isn't as much clear proof of a strong "royal peace" idea as in England. But some historians think that special protection letters from Scottish kings in the 12th century show a similar idea. Some also suggest that both Scottish and English law developed similar ideas about the king's peace keeping social safety.
Outside Britain
American Law
After the American Revolution, American law took the idea of the king's peace and changed it. It now means keeping public order for the new ruler: the people or the state. In the United States, the old common law idea of breach of the peace was replaced by the legal offense of disturbing the peace. Another offense, disorderly conduct, is often very similar to disturbing the peace. However, laws about disturbing the peace and disorderly conduct have limits because of the First Amendment (which protects free speech).
Australian Law
Australia is a common-law country, so the idea of "breach of the Queen's peace" is still used there. In a 1999 court case, Australian judges quoted an English judge who said that common law treats certain actions as crimes because they threaten the Queen's peace, or, as we might say today, "society."
See also
- History of the courts of England and Wales
- Peace of God
- Peacekeeping
- Vi et armis
- Verge (royal court)
