In English law, the Queen's peace (or King's peace, when a male is on the throne) is the peaceful, violence-free state that the realm should endure in at all times. English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

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 militia 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). The Crown is a term which is used to separate the government authority and property of the state in a kingdom from any personal influence and private assets held by the current Monarch. ... // The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ... This article needs to be cleaned up to conform to a higher standard of quality. ... The British Empire was, at one time, the foremost global power and the largest empire in history. ... Military aid to the civil power (MACP) is assistance by the armed forces to the police in maintaining law and order. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... In most common law jurisdictions, the Attorney General or Attorney-General, is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ...

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 (Magistrates' Courts), and are drawn from the ranks of local solicitors and barristers. Unpaid magistrates are volunteers from the community — the requirements are that they must be of clean character and local. For information on the fictional Shire of J. R. R. Tolkiens The Lord of the Rings, see Shire (Middle-earth) A shire is an administrative area of Great Britain. ... A Justice of the Peace (JP) is a magistrate appointed by a commission to keep the peace, dispense summary justice and deal with local administrative applications in common law jurisdictions. ... This article needs to be wikified. ... A barrister (advocate in Scotland and the Channel Islands, barrister-at-law in Ireland and elsewhere) is a lawyer found in Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ...

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. Breach of the peace is a legal term used in constitutional law in English speaking countries, and in a wider public order sense in Britain. ... // The Royal Prerogative is a body of customary authority, privilege, and immunity, recognised in common law jurisdictions possessing a monarchy as belonging to the Crown alone. ...

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. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

In the county palatine areas, the Duchies of Lancaster and Cornwall and the County Palatine of Durham, 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 was altered in 1536. [1] This article chiefly concerns the Palatine counties of England. ... A not-so-nice duchy. ... The standard of the Duchy of Cornwall. ... There were several Dukes of Lancaster in the 14th and early 15th Centuries. ... The Dukedom of Cornwall was the first dukedom created in the peerage of England. ... Events February 2 - Spaniard Pedro de Mendoza founds Buenos Aires, Argentina. ...

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.

The concept of the Queen's peace survives in Canada, New Zealand and other Commonwealth realms. See also: Disorderly conduct A Commonwealth Realm is any one of the 16 sovereign states that recognize Queen Elizabeth II as their Queen and head of state. ... In the criminal law of the United States of America, disorderly conduct is a name given to a rather ill defined crime. ...