Public Order Offences Flashcards
(11 cards)
What does breach of the peace mean?
- A common law offence where police can proportionally intervene to prevent person violence/property damage
- Def in Howells = harm being done or likely to be done, harm or damage being done or likely to be done to a person’s property in their presence, or causing fear of harm through assault, affray, riot, unlawful assemblies or another disturbance
On what grounds can the police detain someone under breach of the peace?
- a) Harm is being done or threatened
- b) Damage is being done or threatened
- c) Positive act not omission
- d) Real risk of harm (use detainment cautiously if harm not already done - Foulkes v CC Merseyside Police)
- e) Threatened harm is imminent (otherwise detainment is unlawful - Laporte v CC Gloucestershire Police)
Explain the law on kettling
- Police detain people in fear of breach of the peace
- Last resort if violence is imminent (Moos)
- Must be in good faith, proportionate and not longer than necessary (Austin)
List the sections under the Public Order Act 1986
- 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 the scene to fear their 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 the scene to fear their own safety
- S.3 Affray = use/threaten unlawful violence (specific person), causing a person of reasonable firmness present at the scene to fear their own safety
- S.11 Notification of marches/protests = give police 6 days notice (time/place/route)
- S.12 Police conditions = can impose conditions if fear risk of serious disorder/property damage/community disruption
- S.13 Prohibition orders = apply to council to ban for 3 months
- S.14 Conditions on public assembly = can limit time/num of people
What circumstances does the Criminal Justice + Public Order Act 1984 cover?
- Power to remove people
- Raves
- Aggravated trespass
- Trespassory assembly
- Squatters/campers
- Vehicle/property removal
Explain the law on power to remove people (S61-62 CJPOA 1984)
- S.61 Power to move/ask to leave if:
–> a) Already asked to leave
–> b) Damaged land
–> c) Have >6 vehicles on land
–> d) Used threatening/abusive language - S.62 Seizing vehicles = if refuse to leave
Explain the law on raves (S.63-66 CJPOA 1984)
- S.63 Raves on private land = can remove 20+ people, in open air, playing loud music, at night, causing distress to residents (return in 7 days = offence)
- S.64 Seizing items from rave
- S.65 Removing people preventing lawful activity
- S.66 Seizing sounds equipment = from rave
Explain the law on aggravated trespass (S.68-69 CJPOA 1984)
S.68-69 = remove people from land intending to intimate people there lawfully/intend to interfere or disrupt lawful activity on land
Explain the law on trespassory assembly (S.70-71 CJPOA 1984)
S.70-71 = Police apply to council for prohib order if they believe assembly will:
- a) Interfere with people going about their ordinary lives
- b) Cause damage to a historical building/monument
Explain the law on squatters/campers (S.72-76 CJPOA 1984)
- S.70-71 Squatters = criminal offence to make adverse entry on another’s residential property, with intention to live there
- S.77 Illegal campers = police can serve notice/remove
Explain the law on vehicle/property removal (S.78 CJPOA 1984)
S.78 = Council can apply to Mags to remove following notice
