22. Public Order, Breach Of Peace & Civil Disputes

Question 1

A breach of the peace occurs whenever and wherever:

Answer 1

• Harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a BOP is alleged or by someone whom it provokes
  OR
• Harm is actually done, or is likely to be done, to a persons property in his presence
  OR
• A person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.

Question 2

What are the points to prove for breach of the peace?

Answer 2

• There must be the clearest of circumstances and a real and present threat to the peace to justify arrest.
• The threat must be coming from the person arrested.
• His/ hers conduct must be interfering with the rights of another.
• their conduct must be unreasonable.

Question 3

Where can a breach of the peace occur?

Answer 3

Private place as well as a public place.

Question 4

Breach of the peace, Police Powers.

Police constable may arrest any person who…

Answer 4

• Is committing a breach of the peace
• He/ she reasonably believes will commit a breach of the peace in the immediate future
• has committed a breach of the peace where it is reasonably believed that a recurrence of the breach of the peace is threatened.
  A POWER OF ENTRY UNDER COMMON LAW EXISTS

Question 5

What are the 6 Public order acts 1986 that are needed to be learnt?

Answer 5

Sec 5: Non Intentional Harassment, Alarm or distress
Sec 4a: Intentional Harassment, alarm or distress
Sec 4: Fear or provocation of violence
Sec 3: Affray
Sec 2: Violent Disorder
Sec 1: Riot

Question 6

What is the offence of S5 Public Order Act 1986?

Answer 6

This is an offence of causing Harassment, Alarm or Distress

Triable summarily: Fine only

Racially or Religiously Aggravated Crime and Disorder Act 1998. Section 31 (1)c
Triable summarily: Fine only

Question 7

S5 Public Order Act

A person is guilty of an offence if he:

Answer 7

• Uses threatening or abusive words or behaviour
  OR
• Disorderly Behaviour
  OR
• Displays any writing, sign or other visible representation, which is threatening or abusive.
• within the hearing/ sight of a person likely to be caused Harassment, Alarm or distress thereby.

Question 8

S5 Defences:

Answer 8

• That he had no reason to believe anyone was within hearing or sight who was likely to be caused Harassment, Alarm or distress.
• In a dwelling and no reason to suspect anyone outside dwelling would hear, see, etc
• That his conduct was reasonable

Question 9

What is the offence of S4a Public Order Act?

Answer 9

This is an offence of intentionally causing harassment, Alarm or distress.

Triable Summarily: 6 months/ Fine

Racially or religiously aggravated
Triable either way: 2 years/ Fine

Question 10

What is the definition of Section 4a Public Order Act?

A person is guilty of an offence if:

Answer 10

• with intent to cause a person Harassment, Alarm or distress,
• he uses threatening or abusive or insulting words or behaviour
  OR
• Disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting
• Thereby causing that or another person Harassment, Alarm or distress

Question 11

S4a Defences:

It is a defence for the accused to prove:

Answer 11

• That he was in a dwelling and he had no reason to believe that the words or behaviour used or the writing sign etc would be heard or seen by someone outside that dwelling
• his conduct was reasonable
• no offence if in a dwelling and the person who suffers Harassment, Alarm or distress is in that or another dwelling.

Question 12

What is the offence of S4 Public Order Act 1986?

Answer 12

This offence is one where a person causes fear or provokes violence

Triable summarily: 6 months / Fine
Racially or religiously aggravated
Indictment: 2 years/ Fine
Summarily: 6 months/ Fine

Question 13

What is the definition of S4 Public Order Act 1986?

A person is guilty of an offence if he:

Answer 13

• Uses towards another person threatening, abusive, insulting words or behaviour
  OR
• Distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting.
• With intent to cause that person to believe that…
• Immediate unlawful violence will be used against him or another by any person.
  OR
• To provoke the immediate use of unlawful violence by that person or another
  OR
• Whereby that person is likely to believe that such violence will be used or provoked

Question 14

What is the offence of S3 Affray?

Answer 14

The offence of Affray is committed when someone of reasonable firmness would be caused to fear for their own personal safety

• triable either way: 3 years imprisonment on indictment or
• 6 months or Fine summarily

Question 15

Definition of Section 3 Affray?

A person is guilty of Affray if he:

Answer 15

• Uses or threatens unlawful violence towards another person
  AND
• His conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Further information on Affray:

• where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered
• a threat cannot be mad by words only
• no persons of reasonable firmness need actually be, or likely to be, present at the scene.
• applies to private and public places.

Question 16

What is the offence of S2 Violent Disorder

Answer 16

• Triable either way
• five years imprisonment/ Fine on indictment
• 6 months imprisonment/ Fine summarily

Question 17

What is the definition of S2 Violent Disorder?

Answer 17

• Where 3 or more persons who are present together
• Use or threaten unlawful violence
• and the conduct of them taken together is such as would cause a person of reasonable firmness present at the scene
• to fear for his personal safety
• each of the persons using or threatening unlawful violence is guilty of Violent Disorder

Question 18

What is the definition of S1 Riot?

Answer 18

Where 12 or more persons who are present together, use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene, to fear for their personal safety, each of the persons using unlawful violence for the common purpose is guilty of Riot.

Question 19

S17 Public Order Act

Racial Hatred

Answer 19

Hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or natural origins.

Question 20

S18 Public Order Act 1986?

Answer 20

• This creates the offence of using words or behaviour or displaying written material with intent to stir up racial hatred.
• may be committed in a public or private place.
• No offence is committed where the words or behaviour are used, or the written material is displayed by a person inside a dwelling and are not heard or seen, except by other persons in that or another dwelling

Question 21

S19 Public Order Act 1986?

Answer 21

A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if:

• they intended thereby to stir up racial hatred
• having regard to all the circumstances racial hatred is likely to be stirred up thereby

It is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that they were not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting

Question 22

S23 Public Order Act 1986?

Answer 22

A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting with a view to:

• in a case of written material, its being displayed, published, distributed, whether by himself or another or
• in the case of recording, its being distributed, shown, played, whether by himself or another is guilty of an offence if he intends racial hatred to be stirred up thereby or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby.