Moss v McLachlan [1985] IRLR 76
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:14:29 UTC
Some miners were stopped by the police who reasonably and honestly believed that the miners were on their way to take part in a protest and that a breach of the peace would occur if they were allowed to continue.
The miners refused to turn back and were arrested.
The divisional court dismissed their appeals on the grounds that a policeman has a duty to prevent a breach of the peace which he reasonably apprehend, and the circumstances in this case justified preventative action - e.g. proximity to a protest.
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