Day six Flashcards
(18 cards)
public order
in the middle of common law and criminal law keeping the peace
public order act 1986
provides framework relating to processions
enacts a range of offences which deals with individual disorderly conduct
police, crime, sentencing and courts act 2022
updates from the public order act
extinction rebellion, black lives matter, insulate britain, intro to pro-active policing of disruptive protesting
assemblies
two or more people in a public place they are there for a common purpose it is static has to be more than incidental
processions
proceeds along a route does not need to be fixed, moving
governing processions
if you want to carry out a procession you need to give a written notice to the nearest police station from the start of the procession, stating the time and place of the procession and the name and address of the organiser this has to be given 6 days in advance - processions can be banned
governing assemblies
there can be conditions put in place for an assembly if the police know about it, do not have to tell the police it is happening, cannot be banned
prohibiting processions
the police have to get permission to prohibit from the local authority and they also have to get consent from the secretary of state - a very rare occurance to happen within 6 days of notice which needs to be given
public order offences
section 1 - riot
section 2 - violent disorder
section 3 - affray
section 4 - threatening behaviour
section 4A - intentional HAD
section 5 - disorderly conduct
section 1 - riot
12 or more people, indictable only offence, use of threatening unlawful violence for common purpose, would cause a person of reasonable firmness at scene to fear for their personal safety, intended to use such violence, minimum custodial sentence 10 years and unlimited fine
section 2 - violent disorder
3 or more people, triable either way but will usually go to crown court, punishable up to five years use or threaten to use violence, does not need to be for a common purpose
section 3 - affray
one person threatening another with unlawful violence, triable either way, maximum 3 years sentence, does not need to be any physical contact, cause a person of reasonable firmness to fear for their safety, violence does not include towards property, words alone are not enough
section 4 - threatening behaviour
fuck off or i will chin you
a person uses threatening, abusive or insulting words or behaviour, intent to cause person to believe unlawful violence will be used against them or another, causing fear or provocation of violence, summary only maximum 6 months, immediate threat
section 4A - intentional harassment, alarm or distress
fuck off
without threat or immediate unlawful violence, intent still needs to be there, summary offence of 26 weeks, there must be a victim
section 5 - disorderly conduct
fuck
no threat if violence, threatening or abusive words or behaviour, displaying writing/signs or visible representation which is threatening or abusive within hearing or sight of someone who would be caused harassment, alarm or distress, could infringe on ECHR article 10 freedom of speech, no intention needed
racially aggravated
section 4, 4A and 5 raise fine and sentence can be up to 2 years
football spectators act 1989
management of spectators and offences relating to football violence and disorder, football licensing authority
part 2: section 14 - football banning orders
schedule one: offences classified as relevant for purposes of football
sporting events (control of alcohol) act 1985
crime to possess alcohol on certain public transport - section 1
crime to drink in view of football pitch - section 2
crime to possess flares or fireworks - section 2A
