BREACH OF THE PEACE is any act or conduct bringing about a disturbance of the public peace or tranquillity. (See also AFFRAY and RIOT.) The matter generally becomes important before any substantive breach or offence is committed, for in such a case, where a breach of the peace is threatened, justices have power to intervene by binding over the offender. They have a like power for abusive language tending to a breach of the peace.
At common law and under the statute of Edward III., and by the commission of the peace granted to justices, recognizances may be required on the part of the accused and also sureties for good behaviour. Apparently a peer of the realm cannot be bound over by justices but only by the High Court. (See also ARREST.)