Public Order Offences Flashcards
What is provocative conduct as per article 19 Public Order (NI) Order 1987?
A person who in any public place or at or in relation to any public meeting or procession
A)uses threatening,abusive, or insulting words or behaviour or
B)displays anything or does any act or
C)being the owner or occupier of any land or premises, causes or permits anything to be displayed or any act to be done thereon
With intent to provoke a BOP or which a BOP is likely to be occasioned (WHETHER IMMEDIATELY OR AT ANY TIME AFTERWARDS)
Shall be guilty of an offence
What is prohibited by article 18 PO(Ni)order 1987?
Any person who uses any disorderly or riotous behaviour in a public place.
NB AT COMMON LAW CAN BE ANYWHERE. HERE IS PUBLIC PLACE ONLY
What is meant by obstructive sitting in a public place? Article 20 PO(NI)O
A person who by sitting,standing or kneeling,lying down or otherwise conducting himself in a public place,wilfully obstructs or seeks to obstruct traffic or lawful activity shall be guilty
Can you wear a uniform signifying your association with any political org or promotion of any political object?
Not in a public place. Unless chief con says it’s ok and will not be likely to involve risk or public disorder
What is meant by carrying of an offensive weapon?
A person who WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE (proof is on him) had with him in any public place any offensive weapon
Ie any article made, adapted or intended by person having it to cause injury to a 3rd party or allow another to use for that purpose
Up to prosecution to show they ‘had it’knowingly. Up to defence to prove it was for lawful purpose
When joint enterprise then both must know of it
What is police role in relation to preserving order at council meetings?
Firstly the onus is on the promotors or their agents.
If admission is free then they have right to be there.
If they purchase a ticket they have right to be there.
If they attempt to force in then agents can use no more force than is necessary to prevent and call police if necessary.
Mere obstruction or vocal dissent does not give police power to intervene.
If they have permission to enter but it is retracted they must be given time to withdraw- then trespass
If police truly believe a BOP is likely they can ask people to desist their legal act. If they don’t then can be done for obstruction.
A councillor can not be evicted from the council chamber as a trespasser unless his election has been ruled invalid
Police should not normally enter council chambers unless invited by mayor
What types of offences can be committed in public buildings and activities therein?
A person who
A)enters any public building as a trespasser or
B)or doesn’t comply with an order to do something by someone authorised
C)knowingly interferes with the carrying on of any lawful activity in any public building
What are an officers powers under 23A PO (NI) Order
Power to require removal of disguises
Must be authorised by inspector
Constable must be in uniform
Can ask person to remove any item he reasonably believes is wearing wholly or mainly to conceal identity
Can seize said item
Insp can authorise for 24hrs
Superintendent can authorise for further 24 if necessary
A person who fails to remove item is guilty of offence
What are powers under article 23B PO NI O 1987?
They give officers IN UNIFORM a power of stop and search.
Needs to be authorised by insp
Needs to be due to belief serious violence may take place in locality or persons in a locality are carting dangerous instruments in a locality without good reason
Do not need reasonable grounds
Can stop and search pedestrian or vehicle plus driver
If a superintendent thinks it necessary it can be done for a further 24hrs
What is the offence of contamination of or interference with goods with intention to cause public alarm or anxiety? Section 38 PO ORDER
Offence for a person with INTENT OF
A)causing public alarm or anxiety
B)of causing injury to public consuming or using goods
C)cause economic loss to any person being shunned by the public
D)causing economic loss by reason of steps taken to avoid danger
To contaminate or interfere with goods or make it look like they’ve been contaminated or place contaminated goods or goods appearing to be contaminated in a place where goods of that description are sold.
Also an offence to threaten to do this
Also offence to have in possession articles used to contaminate foods or any food that is contaminated
What are two types of possession of offensive weapon?
Article 22 which is simple possession
Article 93 which is to have it in possession with intent to commit an indictable offence
Explain the offence of having an article with blade or point in a public place! Section 139 PO NI ORDER 1987
Any public place
Has in possession article sharply pointed except for folding pocket knife (as long as blade is not more than 3 inches)
Defence to show they had it for work,religious purpose,as part of a national costume
What is the offence of blade or point under 139A PO NI ORDER?
This is possession on school premises
Exception is for work,Educational purpose,religious reasons,national costume
Can you enter school premises to search for anything?
Yes
Blade or point
Offensive weapon
Only if reasonable grounds to suspect items are there
Can seize items
Can use reasonable force
