Public Processions & Meetings

Question 0

When can officer arrest for BOP?

Answer 0

When it’s done in their presence
When constable believed a breach will be committed in immediate future by arrested person
A breach has been committed and likely to happen again

Question 1

What is breach of peace?

Answer 1

Any act done or threatened to be done which actually harms someone or, in his presence,his property,or is likely to cause such harm or puts someone in fear of such harm being done

Question 2

Where can a BOP occur?

Answer 2

Can occur anywhere
A POE exists to quell a BOP
An idle threat will not suffice

NB POE IS NOT PACE
PRIOR TO ENTRY, constable must state who they are,demand admission and have access denied

Question 3

What is affray?

Answer 3

It’s a common law offence. Must have these 2 elements

i) unlawful fighting by one or more persons, or a display of force by one or more persons without actual violence AND
ii) in such a manner that reasonable people might be frightened or intimidated

MUST BE UNLAWFUL PARTICIPATION IN A VIOLENT BOP(words are not enough)AND MUST BE ELEMENT OF TERROR

Question 4

Can you aid and abet affray?

Answer 4

Yes but presence there must be more than accidental.

Need to show they encouraged the participants

Question 5

What is an unlawful assembly?

Answer 5

An unlawful assembly at common law is an assembly of 3 or more persons -

A) with intent to commit a crime by open force
B)with intent to carry out any common purpose lawful or not in such a manner as to endanger public peace or to give anyone reason to apprehend a BOP

Question 6

When does an assembly become unlawful?

Answer 6

When 3 or more start to act towards a common purpose do that a reasonable citizen would fear BOP

Also an offence to actually encourage or promote unlawful assembly whether by words or signs or actions

Question 7

What 5 elements are needed for a riot at common law?

Answer 7

3 or more persons
Common purpose
Execution/inception of coon purpose
Intent to hell one another by force if necessary against anyone who may oppose them
Force or violence displayed as to alarm at LEAST 1 of reasonable firmness

Question 8

What 4 things are needed for riot under article 18(3) Public Order (NI) order 1987?

Answer 8

3 or more present
Actually carrying out or attempting common purpose
Intention to help one another carry out purpose
At least 1 person would be alarmed
AWARE is a concept similar to recklessness. If they are intoxicated it’s not a defence