[3][4] The primary reason for the legislation was due to concerns about soldiers returning from the war in France, and the potential of them not reintegrating back into their communities as peaceful citizens.

[5] The act applied to Ireland, but was not of much importance until the so-called Land War of 1879–1882, a highly organised campaign for tenants' rights.

The Crown's legal advice was that they should invoke the power in the 1361 Act to bind offenders over to keep the peace.

The advice was controversial due to the reference in the Act to "rioters": it was argued that since the meetings were largely peaceful they could not possibly come within the definition of riot.

Justices of the peace gained an array of duties such as dealing with local infrastructures such as roads and bridges, and regulating weights and measures used by traders.

[11] A breach of the peace is a civil law case, although it uses the criminal standard of proof 'beyond reasonable doubt'.

[12] After 7 October 2013, the Criminal Practice Direction [2013] EWCA Crim 1631 contain the full court procedures for binding over orders for any matter, including breach of the peace.