9. Public Order Law

Question 1

What powers are given to the police under the Public Order Act 1986?

Answer 1

The power to limit the right to protest and the power to arrest people who violate public order

Question 2

In what three circumstances can a breach of the peace occur, and against what standard are they judged?

Answer 2

1. Person genuinely in fear of harm to themselves (or their property in their presence) as a result of a disturbance (subjective as to fear; objective as to disturbance)
2. Harm has actually been done to a person (or their property in their presence)
3. Harm is likely to be done to a person (or their property in their presence)

Question 3

If words are to breach the peace, to what threshold must they rise?

Answer 3

They must make someone believe that they are at imminent risk of an assault. Threats need to be accompanied with the necessary physical conduct.

Question 4

Can a breach of the peace occur in both public and private premises?

Answer 4

Yes, including residential property

Question 5

What steps can a police officer take when there is a breach of the peace?

Answer 5

Any steps which are reasonable to terminate a breach or to prevent a likely one, including arrest and forcing entry on to private premises

Question 6

How close in temporal proximity must a harm likely to be done be?

Answer 6

Imminent

Question 7

Although a breach of the peace is not a criminal offence, what order could a person be subject to?

Answer 7

Binding over order

Question 8

How does a binding order operate?

Answer 8

Where court considers that defendant is likely to repeat violent conduct, based on a criminal standard of proof, may be subject to be subject to an injunction preventing him form engage in specified activity for a specified amount of time.

• May need to pay deposit £££ into court, that may subsequently be withheld if D breaches the binding over order.

Question 9

In what three circumstances must advance notice of a public procession (march) be given to the police?

Answer 9

If the procession is intended to:

1. Demonstrate support for or opposition to the views or actions of any person or persons;
2. Publicise a cause or campaign;
3. Mark or commemorate an event, unless not reasonably practicable to give notice

Question 10

How far in advance of a qualifying procession must notice be given to the police?

Answer 10

Six clear days, and if not possible, as soon as is practicable

Question 11

What does clear days mean for the purposes of notifying about a procession?

Answer 11

The day notice is given and the day of the procession are not included

Question 12

Where must notice of a procession be delivered?

Answer 12

A police station located in the area where the procession is to take place

Question 13

What four things should the notice specify?

Answer 13

1. Date of procession
2. Time of procession
3. Route of procession
4. Name and address of organiser

Question 14

What processions, even though they may fall under the categories of one for which notice must generally be given, are exempt from the notice requirement?

Answer 14

Processions which are commonly or customarily held, and funeral processions

Question 15

In what circumstances, can the police impose conditions on a public procession before it takes place?

Answer 15

Reasonable belief that procession will result in:
1) serious damage to property;
2) disrupt community life;
OR
3) where its purpose is to intimidate others.

Question 16

What is required for police to be justified in imposing restrictions on a public procession, at the time it occurs?

Answer 16

Reasonable belief that procession may result in serious disorder.

Question 17

What types of conditions can the police impose on a public procession?

Answer 17

Any condition necessary to avert risk.

If insufficient - local authority can apply for a prohibition on all processions in district effective
for 3 months.
- consent must be given by the SoS

Question 18

What is a defence to the general criminal offence of failing to comply with conditions placed on a procession?

Answer 18

That the failure to comply arose from circumstances beyond their control

Question 19

In order to ban a procession, who does the chief constable make the application to in (1) City of London and Greater London, and (2) England, outside of London?

Answer 19

1. London: Home Secretary
2. Outside London: Local council

Question 20

What is a public assembly?

Answer 20

An assembly of two or more persons in a public place which wholly or partially in the open air

Question 21

For what reasons can a senior police officer give directions to organisers/participators in a public assembly?

Answer 21

The same as apply to placing conditions of a procession

Question 22

What is required of restrictions/conditions on public assemblies?

Answer 22

They must be proportionate, i.e. necessarily limited to achieving the specified ends

Question 23

What is a trespassory assembly?

Answer 23

Assembly:

• Involving 20 or more persons
• On land which public have no or limited access to
• Which is likely to be held without the permission of or exceed the permission given by the occupier, and
• May result in serious disruption to the community, or cause significant damage to land, buildings, or important monuments

Question 24

Is an assembly on a highway a public assembly?

Answer 24

No, unless it is blocking the highway

Question 25

Is trespassory assembly a criminal offence?

Answer 25

Yes

Question 26

What is the police power regarding a banned trespassory assembly and in what way does this differ to breach of the peace?

Answer 26

Police can stop anyone they reasonably believe to be on their way to a banned trespassory assembly and direct them not to attend.

Different to breach of the peace as there is no requirement of that the harm be imminent.

Question 27

When will breach of the peace turn into a criminal offence?

Answer 27

where person refuses to be bound over, and pay deposit required into court.

Question 28

When can the police justifiably detain an individual for breaching the peace?

Answer 28

where there is sufficient evidence that they pose a risk of violence.
- prospect cannot be remote.

Question 29

When can the police justifiably arrest an individual for breaching the peace?

Answer 29

where an individual poses an imminent risk to public order/safety.

(Cf. detaining, where threshold is lower)

Question 30

When is police entitled to act to prevent a breach of the peace?

Answer 30

police has formed the view that a threat to breach the peace is imminent
- mere risk of later illegal activity is insufficient, and does not entitle police to act.

• ie. in Laporte - HoL held it is better to arrest demonstrators at a future protest than act prematurely.

Question 31

Is kettling considered a disproportionate means to keep the peace?

Answer 31

no, provided restriction is for a legitimate purpose and last for limited period to avert fear of intended disorder.

Question 32

In what circumstances will a pubic assembly amount to a rave?

Answer 32

1) where 20+ people are gather in an open air area WITHOUT an entertainment licence or are trespassing inside a building; and

2) playing amplified music @ night; and

3) sound is likely to cause serious distress to locality

Question 33

What powers do the police have regarding raves?

Answer 33

same as trespassory assemblies.
- police can disperse and stop travel to rave within 5 miles of site’s boundary

Question 34

What is the normal notice period that must be given by the organisers of a procession?

Answer 34

6 days, but can take place at short notice if as much notice as is reasonably possible is given.

Question 35

Where can police exercise their powers to prevent a breach of the peace?

Answer 35

where there is a reasonable belief that a threat to breach the peace is in close proximity of time and place.

Question 36

What are the 10 key public order offences?

Answer 36

1) Rioting
2) Violent disorder
3) Affray
4) Fear or provocation of violence
5) Intentional harrasment, alarm, or distress.
6) Disorderly behavior causing harrasment, alarm, or distress.
7) Incitment of hatred
8) Stirring up hatred
9) Publishing or distributing written material
10) Breach of the peace

Question 37

What is required for the offence of rioting?

Answer 37

rioting requires 12 or more people to be present together, using or threatning the use of unlawful violence.
- collective conduct would cause reasonable person to fear of their own safety.
- violence need not be unlawful, and can be directed at both persons and property.

Question 38

What is required the offence of violent disorder distinct from that of rioting?

Answer 38

where more than 3 people are present (cf. from 12).

Question 39

What is the offence of affray?

Answer 39

where one or more people use or threatnen violence against someone, that would lead most reasonable bystanders to fear for their own safety.
- requires an actual possibility of a hypothetical bystander witnessing the event.
- threat cannot be through words only.

Question 40

When might an individual be guilty of disorderly behavior causing possible harrassment/distress?

Answer 40

where they are aware that their words, behavior, or display of material may be seen as threatening, abusive, or disorderly.
- no need to prove intention (Cf. intentional version of the offence)

ie. in Norwood - guilty for putting islamophobic sign outside window of his flat.

Question 41

When might one be guilty of a provocation of violence offence?

Answer 41

where the perpetrator intends to provoke another to resort to the immediate use of unlawful violence.