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The Queen's peace (or
King's peace, when a male is on the throne) is a concept of English Law
and represents the peaceful, violence-free state that the realm should endure
in at all times.
Duty of crown to maintain peace
It is part of the duties of the Crown under the Royal Prerogative to maintain
the Queen's peace. This function is now carried out by the Government,
although it remains a duty of the Crown. Should the Crown fail in this
duty, it can be under a duty to pay compensation to the subjects whom
it has failed. This was the justification for the 18th Century Riot Act
and subsequent legislation, counterparts of which appeared in countries
throughout the British Empire. Where the civil authorities declared that
the Queen's peace had failed (i.e. there was a state of Riot) the rules
changed: the authorities (either police, or the army or milita providing
Military Aid to the Civil Power) could shoot and kill the ringleaders
of the riot, and generally take severe action towards those in a state
of Riot. The counterbalance was that the Crown was responsible for the
damage caused by the Riot — the Crown having failed in its prerogative
duty to preserve the peace. Even today, the criminal offence of Riot (now
enshrined in an Act of Parliament) can only be prosecuted with the consent
of the Attorney-General (i.e. the Queen's legal officer).
Office
of Justice Of The Peace
Historically, and in particular before the founding of the police and
the modern legal system, the concept of the Queen's peace was much more
important. Knights of the Peace were appointed in each shire and it was
their duty to maintain the Queen's Peace. These Knights of the Peace later
became known as Justices of the Peace or JPs, and subsequently as Magistrates.
Paid magistrates are now called District Judges (Criminal), and are drawn
from the ranks of local solicitors. Unpaid magistrates are volunteers
from the community — the requirements are that they must be of clean
character and local.
Implementation
Police have a right to detain any person who is creating a "breach
of the peace". This is not a criminal or civil offence — it
exists as a legal oddity created by the Royal Prerogative. Persons so
detained must be taken before a magistrate (i.e. a Justice of the Peace)
who will "bind them over" to keep the peace. Once so "bound
over" the person may not disturb the peace again for the appointed
time. If they do so, they are liable to imprisonment. The police frequently
use this power to break up difficult situations or minor fights —
and often then detain someone for breach of the peace, take them round
the corner, and once they are satisfied that the fight is over, let them
go. Alternatively, if alcohol is part of the problem, the person can be
held until he is sober enough to face the magistrate — which usually
solves the problem, as for most citizens the prospect of sobering up in
the police cell, and a stern talk from a bench of three magistrates while
nursing a hang-over is sufficient to push the message home for a few days.
Because breach of the peace is not a criminal offence, people so bound
do not have a criminal record which can blight their future career.
The definition of
murder in English Law is still a Common Law crime and is defined as "the
unlawful killing of a reasonable creature in being under the Queen's peace
with malice aforethought". Lawful killing includes execution (before
abolition of the death penalty) or the police shooting somebody who is
waving a gun around. A "reasonable creature in being" limits
the offence to humans. The Queen's Peace excludes wars, and in times past
could also be applied to riots. "Malice aforethought" covers
the need for intent to kill or cause grevious bodily harm.
Influence on other legal systems
In the United States, arrest warrants and charging documents often make
reference to an offense having occurred "against the peace and dignity
of" the respective state or commonwealth.
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