Part 5 - Offences Which Protect the Course of Justice and Public Order

Question 1

Smith v Donnelly

Answer 1

Lying on road - protest
Smith charged with breach of the peace after lying on road in protest. Article 7 of the ECHR - law has to be known, can’t be informed retrospectively. He didn’t know it was a crime and argued breach of the peace was too broad.

Question 2

Jones v Carnegie, Tallents v Gallacher

Answer 2

Conjoined appeal.
Five bench decision on interaction of Articles 10 (expression) and 11 (association) of the ECHR.
There was a common element so could have conjoined appeal. Argued rights had been violated.

Question 3

Harris v HM Advocate

Answer 3

Threatening police.
Conduct must affect the public peace.
2 charges of breach of the peace. Accused was charged with breach of the peace after he was talking about case that was already processing in a threatening manner (saying he knew where the officers lived). He took a plea to the relevance. Court held public element did not apply here and was important in establishing breach of the peace.