Peace (law): Difference between revisions
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The '''Queen's peace''' (or, during the reign of a male monarch, '''King's peace''') is the term used in the [[Commonwealth realm]]s to describe the protection the monarch, in right of each state, provides to his or her subjects. In [[republic]]s with [[common law]] traditions, the same is often referred to as ''the peace [and dignity] of the State''. |
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==Duty of the Crown to maintain peace== |
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Maintenance of the Queen's peace is one of the duties of [[the Crown]], carried out via the [[Royal Prerogative]]. Though this power remains the Crown's, through [[Convention (norm)#Government|convention]] it is exercised by the [[Queen-in-Council]]; that is, the executive, or, the sovereign acting on the [[Advice (constitutional)|advice]] of her [[Minister of the Crown|ministers of the Crown]]. |
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The Crown can be held responsible should it fail in upholding its duty to maintain peace; this was the justification for the [[Riot Act]] and subsequent legislation throughout the [[British Empire]]. Where civil authorities had declared the Queen's peace as breached (i.e. there was a state of [[riot]]), there was a change in the rules: the authorities (whether police, army, or militia providing [[Military Aid to the Civil Power|military aid to the civil power]]) could shoot and kill the leaders of the riot, and generally take severe action against anyone who was rioting. The counterbalance was that the Crown was responsible for damage caused by the riot, having failed in its prerogative to preserve the peace. Into the present day, the criminal offence of rioting can only be prosecuted with the consent of the [[Attorney-General]] (the Queen's legal officer). If disorder does occur, it is officially labelled as a ''civil disturbance'', as deeming it a riot removes the liability of insurers for any damages or injury occuring from such an event, and places the responsibility on the local police, which, as they are officers of the Crown, leaves the Crown to pay. |
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==Enforcement== |
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Officers of the Queen's peace have the right to detain a 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 (a Justice of the Peace), who will "bind them over" in order to keep the peace, whereafter the person may not disturb the peace again for the appointed time, under threat of imprisonment. The police will frequently use this power to break up difficult situations or minor fights; often, a perpetrator will be detained only briefly, until the officers are satisfied that the fight is over. Alternatively, if [[alcohol]] is present, for instance, the offender can be held until [[sober]] enough to face the magistrate. Because a breach of the Queen's peace is not a criminal offence, people found to have broken it will not have the charge marked on their [[criminal record]]. |
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Murder remains a [[common law]], defined as "the unlawful killing of a reasonable creature in being under the Queen's peace with malice aforethought," however, the Queen's peace exludes killing of the enemy during a war. |
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==Justice of the Peace== |
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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 [[magistrate]]s. In the [[United Kingdom]], paid magistrates are now called ''District Judges'' (Magistrates' Courts), and are drawn from the ranks of local [[solicitor]]s and [[barrister]]s. Unpaid magistrates are volunteers from the community{{ndash}} the requirements are that they must be of good character and local residence. |
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==Influence on other legal systems== |
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In the [[United States]], arrest warrants and charging documents, such as [[indictment]]s, are often constitutionally required to make reference to an offense having occurred "against the peace and dignity of" the respective state or commonwealth. |
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In the [[county palatine]] areas of the United Kingdom{{ndash}} the Duchies of [[Duchy of Lancaster|Lancaster]] and [[Duchy of Cornwall|Cornwall]], and the [[County Palatine of Durham]]{{ndash}} offences such as murder were deemed to be against the respective bishop's or duke's peace (the [[Duke of Lancaster]] being merged with the Crown, but nevertheless a separate office, and the [[Duke of Cornwall]] being the [[Heir to the Throne]]). This, however, was altered in [[1536]].<ref>[http://www.nationalarchives.gov.uk/catalogue/DisplayCatalogueDetails.asp?CATID=91&CATLN=1&FullDetails=True&j=1 The National Archives | The Catalogue | Full Details]</ref> |
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==See also== |
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* [[Disorderly conduct]] |
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==References== |
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{{reflist}} |
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{{Canadian monarchy}} |
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[[Category:Canadian law]] |
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[[Category:English criminal law]] |
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[[Category:Common law]] |
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[[Category:Monarchy in Canada]] |
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