Public Order Offences

Question 1

Breach of the peace

Answer 1

• Police proportionally intervene to prevent personal violence/property damage
• Def (Howells)
  –> Harm being done/likely to a person
  –> Harm/damage being done/likely property (in owners presence)
  –> Causing fear of harm through assault/affray/riot/unlawful assembly/oth disturbance
• Police can arrest/detain if
  –> a) Harm done/threatened
  –> b) Damage done/threatened
  –> c) +ve act not omission
  –> d) Real risk of harm (use detainment cautiously if harm not actually done - Foulkes v CC Merseyside Police)
  –> e) Threat is imminent (Laporte v CC Gloucestershire Police)
• Kettling = last resort if imminent (Moos), good faith + proportionate (Austin) + not longer than necessary (Mangesha)

Question 2

Public Order Act 1986

Answer 2

• S.1 - Riot
  –> 12+ people
  –> Present together
  –> For common purpose
  –> Use/threaten unlawful violence (can be public at large)
  –> Causing person of reasonable firmness, present at scene, to fear for own safety
• S.2 - Violent disorder
  –> 3+ people
  –> Present together
  –> Use/threaten unlawful violence (can be public at large)
  –> Causing person of reasonable firmness, present at scene, to fear for own safety
• S.3- Affray
  –> Use/threaten unlawful violence (must be specific person)
  –> Causing person of reasonable firmness, present at scene, to fear for own safety
• S.11 - Notification of marches/protests
  –> Give police 6 days notice (time/place/route)
• S.12 - Police conditions
  –> Can impose march/protest conditions if fear risk of serious disorder/ property damage/ disruption in the community
• S.13 - Prohibition orders
  –> Apply to council to ban march/protest for 3 months
• S.14 - Conditions on public assembly
  –> Can limit time/num of people

Question 3

Criminal Justice + Public Order Act 1984

Answer 3

• Power to remove people
  –> S.61 Power to move/ask to leave = if a) been asked to leave, b) damaged land, c) >6 vehicles, d) threatening/abusive language
  –> S.62 Seizing vehicles = if refuse to leave
  –> S.63 Breaking up raves (priv land) = 20+ people, open air, loud music, at night, cause distress to residents (return in 7 days = offence)
  –> S.64 Seizing items from raves (priv land)
  –> S.65 Removing people preventing lawful activity (includes raves)
  –> S.66 Seizing sound equipment (rave)
• Aggravated trespass
  –> S.68-69 = remove people intending to intimidate people there lawfully/intend to interfere or disrupt lawful activity
• Trespassory assembly
  –> S.70-71 = apply to council for prohib order if believe assembly will a) interfere with people going about daily life, b) damage historical building/monument
• Squatters/campers
  –> S/72-76 Squatters = criminal offences, adverse entry on oth residential property, intent to live there
  –> S.77 Illegal campers = serve notice/remove
• Vehicle/property removal
  –> S.78 = council apply to Mags after notice