Dealing With Breaches of the Peace

Dealing with breaches of the peace (see s. 50 of the Police Powers and Responsibilities Act 2000)

If a police officer reasonably suspects:

(i) a breach of the peace is happening or has happened;

(ii) there is an imminent likelihood of a breach of the peace; or

(iii) 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.

It is also lawful for a police officer:

(i) 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 s. 260: ‘Preventing a Breach of the Peace’ of the Criminal Code Act 1899; and

(ii) detain the person in custody for a reasonable time.

Prevention of offences generally (see s. 52 of the Police Powers and Responsibilities Act 2000)
If a police officer reasonably suspect an offence has been committed, is being committed, or is about to be committed, it is lawful for a police officer to take the steps the officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence.

Prevention of particular offences relating to liquor (see s. 53 of the Police Powers and Responsibilities Act 2000)

If a police officer:

(i) reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place:

(a) section 164: ‘Conduct causing public nuisance’; section 168B: ‘Prohibition on possession of liquor in restricted area’; section 168C: ‘Attempt to take liquor into restricted area’ or section 173B: ‘Consumption of liquor in certain public places prohibited ‘ of the Liquor Act 1992; or;

(b) section 34: ‘Possession or consumption of alcohol in or on dry place’ or section 38(2)(d) or (3)(d) or (e): ‘Offences relating to homemade alcohol’ of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984; and

(ii) reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person;

the police officer may seize:

(i) the opened container and its contents; and

(ii) any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned above at the place by the person or another person; and

may dispose of anything seized in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.

For example, the police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned above or an unopened can of beer likely to be consumed in contravention of a provision mentioned above.

If the police officer exercises the power to seize an opened or unopened container of liquor and its contents, pursuant to this section, the thing is taken to have been forfeited to the State immediately after the officer seized it; and the provisions of Chapter 21, Part 2, Division 3: ‘Enforcement registers’ and Chapter 21, Part 3: ‘Dealing with things in the possession of police service’ of the Police Powers and Responsibilities Act 2000 do not apply to the thing.

In this section the term ‘liquor’ means liquor, as defined in the Liquor Act 1992, section 4B; or methylated spirits.