Retaining and Expanding Breach of Peace

In New South Wales, a breach of peace remains a residual source of power, justifying a range of interventions, including trespass and arrest. Those powers are aimed at the containment of violence and the preservation of public order. The power is controversial, however, because of the scope of power enlivened by a breach of peace and because of the retrospective declaration needed to confirm its legality. In recent years, there has been a shift towards statute as the basis for authorising intervention and calls for its abolition. This article argues for the retention of breach of peace as an essential source of power, based on its inherent adaptability and policy objectives.