Public Order Law Flashcards
(41 cards)
Breach of the peace is not a crime…
… But it carries a power of arrest
For which activities is violence NOT a requirement?
Public procession
Public assembly
Trespassory assembly
Aggravated trespass
Harassment, alarm or distress
Obstruction of the highway
Rave
For which five activities is violence a required element?
- Riot
- Violent disorder
- Affray
- Fear and provocation of violence
- Breach of the peace
How has the human rights act affected the interpretation of police powers?
Protests should be permitted as long as they don’t cause violence
How must organisers give notice of a public procession?
In writing to a police station, at least six days in advance, giving the date, time, route, and the names of the organisers. It is an offence not to do so
If the chief officer of police reasonably believes that standard powers won’t be sufficient to prevent serious public disorder at a procession, what can they do?
They can apply to the local council for an order prohibiting the holding of all public possessions in the district, or part of a district, for a maximum of three months. The secretary of state for home affairs must consent
If the chief officer of the police reasonably believes that trespassory assembly is intended, what might they do?
Apply to the council of the district for an order prohibiting all trespassory assemblies in the district, and the secretary of state for home affairs must consent
The police may do anything that is reasonable to prevent a breach of the peace, including:
Power to ban a procession
Power to disperse an assembly
Power to enter private premises
Power to detain people
Power to prevent people travelling
Power to remove, provocative, signs or emblems
Under s 1 of POA, what are the five elements of a riot?
- 12 or more persons present together
- Use or threaten unlawful violence to persons or property
- For a common purpose
- Cause a person of reasonable firmness present at the scene to fear for their safety
- Using unlawful violence for a common purpose
The common purpose doesn’t have to be pre planned, but the people must support each other in the purpose
Under s 2 of POA, what are the three elements of violent disorder?
- Three people present together
- Use or threaten unlawful violence against persons or property
- Cause a person of reasonable firmness present at the scene to fear for their safety
Two defendants could not be convicted of violent disorder, because there must be at least three persons using or threatening violence, but they could be convicted of affray
Under s 3 of POA, what are the three elements of affray?
- One or two persons acting together
- Use or threaten unlawful violence against persons (can’t be words alone)
- Cause a person of reasonable firmness present at the scene to fear for their safety
This offence envisages at least three people, the person committing the offence, their victim and a bystander
Under s 4 of POA, what are the elements of fear or provocation of violence?
A person must be subjected to:
Threatening, abusive or insulting words or behaviour
Threatening, abusive or insulting, writing, sign or other visible representation
There must be an intent:
To cause that person to believe that unlawful violence will be used against them
To provoke the immediate use of unlawful violence
Provocation of violence need not be instantaneous, but there must be proximity in time and causation
Under section 137 of the highways act, what is obstruction of the highway?
Wilful obstruction of the highway, including the pavement, without lawful excuse is an offence
Protests involving small numbers of people on the highway are lawful as the highway is not actually blocked and there is a right to protest
Under section 5 of the POA, what are the elements of harassment, alarm or distress?
A person must use:
Threatening, abusive or insulting words or behaviour
Threatening, abusive or insulting, writing, sign or other visible representation
Disorderly behaviour
Words or behaviour must be within the hearing or sight of a person likely to be caused harassment alarm or distress
Under section 68 of the CJ POA, what is aggravated trespass?
When someone trespasses on land with the intent to disrupt, obstruct or intimidate those engaged in a lawful activity
Under the section 89 of the police act, what is obstruction of a police officer?
When a person refuses the reasonable direction of a police officer who is legitimately trying to prevent a breach of the peace, they commit the offence of obstruction
Duncan v Jones: The defendants were convicted for refusing to disperse a public meeting when a police officer asked
What are public order offences?
Criminal offences specifically designed to control public order
What are the minimum numbers required for public order offences in order to trigger police powers?
Two people for public assembly and affray
Three people for violent disorder
12 people for riot
20 people for trespassory assembly and rave
What are the requirements for a restriction on a trespassory assembly?
- The order must not exceed four days or 5 mile radius from specified centre
- The organisers and those taking part are committing an offence, and the police may stop people proceeding to a trespassory assembly
It is essential to prove that there is a trespass
What conditions can be placed upon an assembly if the senior officer of the police believes it will result in serious public disorder or disruption?
Conditions on the place the assembly is held, its maximum duration, or maximum number of people. It is an offence to disobey police conditions
What conditions may the senior officer of police impose on a procession if they believe may result in serious public disorder or disruption?
Conditions on the route or restrictions on entering any public place
What four enforcements are there for breach of the peace?
- Arrested without charge
- Bound over to keep the peace
- Prosecuted for obstruction of a police officer
- Prosecuted for obstruction of the highway
What happens if the defendant refuses to be bound over?
They can be imprisoned for up to six months
What is a breach of the peace?
Breach of the peace involves violence or threat of violence, and includes provoking others to violence
