3B.4.1 Public order offences

Question 1

What articles do the public order offences restrict?

Answer 1

Articles 10 and 11

Question 2

Breach of the Peace

Answer 2

Breach of the peace is used to prevent unlawful violence against people or property. ‘Peace’ in this context refers to the King’s peace.

The definition of a breach of the peace is found in R v Howell (1981):
- “There is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.”

Question 3

The restriction of Articles 10 and 11 with public order offences

Answer 3

The wide powers available to stop or prevent a breach mean that any use of the powers is closely examined by the courts to ensure that there has been no undue interference with respect for human rights.

• Examples of this can be seen with respect to Kettling tactics by the police in the cases of Moos and Austin.

Question 4

The Public Order Act 1986

Answer 4

The Public Order Act 1986 sets out various offences which can occur where there are demonstrations or protests. The Act replaces and largely replicates existing common law offences. Other offences include obstructing the highway under the Highways Act 1980 and aggravated trespass under the Criminal Justice and Public Order Act (CJPOA) 1994.

This means that when Articles 11 and 10 are considered, the state may have to show that the offence was committed and that the offence is a proportionate response to a legitimate aim.

Question 5

Public order offences

Answer 5

s1 Riot
s2 Violent disorder
s3 Affray
s4 Causing fear or provocation of violence
S4a Causing intentional harassment, alarm or distress
S5 Harassment, alarm or distress

Question 6

Riot

Answer 6

Riot comes under s1 Public Order Act 1986, and is defined as:

• “Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of a riot.”

Question 7

Violent disorder

Answer 7

Violent disorder comes under s2 Public Order Act 1986, and is defined as:

• “Where 3 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of violent disorder.”

It is therefore the same as riot but with fewer people involved.

Question 8

Affray

Answer 8

Affray comes under s3 Public Order Act 1986, and is defined as:

• “A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Affray requires a specific threat to someone, not a general threat to the public at large.

Question 9

Causing fear or provocation of violence

Answer 9

Under s4 Public Order Act 1986, the offence of causing fear or provocation of violence is defined as:

• “If, with intent to cause a person harassment alarm or distress, he (a) uses threatening, abusive or insulting words or behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful force by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.”

Question 10

Causing intentional harassment, alarm or distress

Answer 10

Under s4a Public Order Act 1986, the offence of causing intentional harassment, alarm or distress is defined as:

• “A person is guilty of an offence if, with intention to cause a person harassment, alarm or distress, he:
  a) Uses threatening or abusive words or behaviour or disorderly behaviour
  or
  b) Displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.

Question 11

Causing harassment, alarm or distress

Answer 11

Under s5 Public Order Act 1986, the offence of causing harassment, alarm or distress is defined as:

• “A person is guilty of an offence if he:
  a) Uses threatening or abusive words or behaviour or disorderly behaviour
  or
  b) Displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.

Question 12

Case for Affray

Answer 12

I v DPP (2001)

Question 13

I v DPP (2001)

Answer 13

Several youths carried petrol bombs with them in public. Although they did not actually threaten anyone specifically, they did anticipate a confrontation with another group. When they were dispersed by police, the bombs were put down.

The court held that carrying such equipment in public, even without overt threats or acts of violence, could constitute affray, but evidence was needed that one or more people actually present were or felt so threatened.

Question 14

Defence for causing harassment, alarm or distress

Answer 14

• That they had no reason to believe that there was any person within hearing or sight who as likely to be caused harassment, alarm or distress;
• That they were inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling; or
• That their conduct was reasonable

Question 15

How can the police deal with illegal forms of assembly?

Answer 15

The police have an array of legal powers at their disposal to disperse and otherwise deal with other illegal forms of assembly – such as raves.

These are mainly contained within the Public Order Act 1986 and the Criminal Justice and Public Order Act 1994.

Question 16

DPP v Chivers (2010)

Answer 16

Daniel Chivers locked himself to a stair railing using a D-lock round his neck, Ian Fitzpatrick occupied a stairwell and Carl Von Tonda glued himself to the front door of the building.

The court decided that land includes a building so all three has been correctly charged with aggravated trespass.

Question 17

Raves

Answer 17

A rave is defined as a gathering on land in the open air of 20 or more persons, at which amplified music is played during the night and, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality.

Question 18

What power can police use to deal with raves?

Answer 18

s63 CJPOA 1994 provides the police with powers to direct persons (other than exempt persons such as the occupier of the land and their family or assistants) gathering on land for a rave to leave. Failure to comply with a direction, or returning to the site within seven days, are offences.

Question 19

s68-69 CJPOA

Answer 19

Offence of aggravated trespass and police powers to remove trespassers from land.

Question 20

s14 Public Order Act 1986

Answer 20

Imposing orders on public assemblies.