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FLK 1 - Constitutional Law > Public Order > Flashcards

Public Order Flashcards

1
Q

What is the King’s Peace?

A

Common law duty of police to prevent breaches of the peace so people can go about their day free from undue interference from other citizens

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2
Q

When does a breach of the King’s Peace occur?

A
  1. Genuine fear of harm to your property or yourself as a result of assault, affray (fight), riot or disturbance
  2. When harm is actually done to someone or their property
  3. When harm is likely to be done to someone or their property
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3
Q

Are verbal insults sufficient breach of the Kings’ Peace?

A

No, they must make you believe there is an imminent risk of assault

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4
Q

Are verbal threats sufficient breach of the Kings’s peace?

A

No, they must be accompanied by physical conduct

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5
Q

Where can a breach of the King’s Peace take place?

A

Public space or private property

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6
Q

What can be done when there is a breach o the King’s peace?

A

Police can take reasonable steps to terminate the breach or prevent a likely one, including arrest and entering premises

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7
Q

What conditions under a breach of the King’s peace must be present to justify an arrest where there is likely to be a breach of peace?

A

The likely breach must be imminent

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8
Q

Is the breach of the King’s peace a criminal offence?

A

No, but you can be subject to a binding order, obliging you to be good for a specific period of time

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9
Q

Under the Public Order Act, when must police be notified of a public procession?

A
  1. For demonstrations supporting/opposing the views of person/s
  2. To publicize a cause or campaign
  3. To mark or commemorate an event (unless not reasonably practicable to give notice)
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10
Q

If notice must be given under the Public Order Act, what are the notice requirements?

A
  1. Six clear days’ notice or as soon as reasonably practicable if the former is not possible (clear days excludes the day you give notice and the day of the procession)
  2. Deliver notice to a police station in the area of the procession
  3. Specify the date, time, route and name and address of the person/s organising the procession
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11
Q

What happens to someone if they fail to give notice of a public procession to the police?

A

A fine can be imposed

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12
Q

What are the exceptions to for notice needing to be given under the Public Order Act?

A

Processions which are commonly/customarily held, like parades, funerals etc

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13
Q

Who in the police can impose conditions on a procession after reciept of notice?

A

Senior police officer (chief constable or the most senior police officer present at the march)

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14
Q

What is the standard of conditions that can be imposed by the senior police officer on a procession?

A

If the officer reasonably believes, considering the time, place circumstances or route that:

  1. there will be public discorder, serious damage to property or serious disruption to the life of the community
  2. the purpose of the procession is to intimidate others to compel them to act/not act despite having a right to do the opposide; or
  3. Those partaking in the procession are likely to generate noise equalling serious disruption to the activities of an organisation, or have significant impact on persons in the vicinity of the procession
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15
Q

What is “serious impact on persons” in the context of one of the standards required for a police officer to impose conditions on a procession?

A

Possibility of alarm, distress, intimidation, harassment of persons of reasonable firmness with characteristics of persons in that vicinity

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16
Q

What conditions can a police officer impose?

A

Any conditions that are necessary to prevent disorder, damage, disruption etc and can amend the route etc

17
Q

What is a “serious disruption to the life of Community” as a justification for imposing conditions by police on a procession?

A
  1. Delays on deliveries of time-sensitive products
  2. Prolonged disruption of access to essential goods or services (incl. places of worship, education, health, communication, food etc)
18
Q

What happens if an organiser or participant of a procession breaches a condition that they know, or ought to know have been imposed by police ?

A

Criminal offence

19
Q

What defences can an organiser/participant in a procession who breaks a procession condition imposed by police use?

A

The failure to comply was beyond their control

20
Q

What is a public assembly?

A

Two or more persons
Gathered in public
Wholly/partly open air

21
Q

What can the police do in respect of a public assembly?

A

If they believe:
1. The assembly (or potential assembly) may result in serious public disorder/damage to property/disruption to life of community
2. assembly was organised to intimidate others to compel them to act/not act (despite having a right to do the opposite)

The police can give directions to the organiser/participants as necessary to prevent the harm

22
Q

Is the police bound by any restrictions on his power to limit a public assembly?

A

Yes, the conditions imposed must be proportionate (limited) to achieve the ends

23
Q

Can the police impose noise conditions on a public assembly?

A

Yes, if the senior police officer reasonably believes that the noise generated by participants may result in serious disruption to the activities of an organisation or have significant impact on persons in the vicinity

24
Q

Is breaching a condition on a public assembly a criminal offence?

A

Yes if they fail to comply or incite others to do so, unless it was out of their control

25
Q

What is a trespassory assembly?

A

20 or more persons
On non-public/limited access to public land
Which are likely held without the permission of the occupier/exceed granted permisison and
which may result in serious disruption to life of community / cause significant damage to land/buildings or monuments of significant historical, architectural or scientific importance

26
Q

What can the chief constable of the local police force do if they believe a trespassory assembly is likely to be held?

A

Apply to local council to ban such trespassory assemblies
In London, apply to the Home Secretary

27
Q

Examples of where a trespassory assembly can be held?

A
  1. Highway
28
Q

What happens if you are arrested at a trespassory assembly?

A

Charged with a criminal offence if you know the assembly is banned

29
Q

Can the police stop anyone they believe will be going to a trespassory assembly?

A

Yes if they reasonably believe the persons are on their way to one which has been banned

FLK 1 - Constitutional Law (11 decks)

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