to enter under the common law with the specific exception (subsection 6) when dealing with or preventing a common law breach of the peace. This "offence" definition and power of arrest are contained under the common law definition of "breach of the peace". Breach of the peace powers are unusual in the fact they originate from the laws Alfred the Great consolidated into the common law approximately 1,000 years before the modern constable was thought up. The first legislative reference to the common law breach of the peace was under the Justice of the Peace Act 1361. In England and Wales, breach of the peace is a civil proceeding (rather than a criminal offence), although the case must be proved to the criminal standard of proof, 'beyond reasonable doubt', rather than the civil standard of proof, 'on the balance of probabilities'. Sometimes the Crown Prosecution Service conduct the case on behalf of the police, but the police service is liable for any costs awarded in favour or against the prosecutor. Breach of the peace is not an offence, in the sense that it is not punishable either by a fine or imprisonment either at statute or common law and nor do proceedings for breach of the peace give rise to any conviction. In England and Wales, constables (or other persons) are permitted to arrest a person to "prevent a further breach of the peace" which allows for the police or the public to arrest a person before a breach of the peace has occurred. This is permitted when it is reasonable to believe should the person remain, that they would continue with their course of conduct and that a breach of the peace would occur. The only immediate sanction that can be imposed by a court for breach of the peace is to bind over the offender to keep the peace: that is, justices of the peace can require a person to enter into a recognizance to keep the peace. Any punishment (in the sense of a loss of freedom or permanent financial penalty) takes the form of loss of the surety if the defendant fails to keep the peace or be of good behaviour during the period for which he is bound over. The binding over itself does not amount to a conviction (but any following behaviour causing loss of the surety might well result in conviction for an