9. Public Order Law Flashcards
What powers are given to the police under the Public Order Act 1986?
The power to
- limit the right to protest ๐ค๐ชง
and the power to
- arrest people who violate public order๐
In what three circumstances can a breach of the peace occur, and are they objective or subjective?
- 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) ๐ฌ
- Harm has actually been done to a person (or their property in their presence) ๐ฅ
- Harm is likely to be done to a person (or their property in their presence) ๐ฅ๐ฎ
If words are to breach the peace, to what threshold must they rise?
They must make someone believe that they are at imminent risk of an assault. Threats need to be accompanied with the necessary physical conduct.
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Can a breach of the peace occur in both public and private premises?
Yes, including residential property
What steps can a police officer take when there is a breach of the peace?
Any steps which are reasonable to terminate a breach or to prevent a likely one, including arrest and forcing entry on to private premises
How close in temporal proximity must a harm likely to be done be?
Imminent
Although a breach of the peace is not a criminal offence, what order could a person to subject to and what is the effect of this?
Binding over order, which means they must maintain the peace and keep good behaviour for a specified period of time
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In what three circumstances must advance notice of a public procession (march) be given to the police?
If the procession is intended to:
- Demonstrate support for or opposition to the views or actions of any person or persons ๐
- Publicise a cause or campaign ๐ข
- Mark or commemorate an event, unless not reasonably practicable to give notice ๐
How far in advance of a qualifying procession must notice be given to the police?
Six clear days, and if not possible, as soon as is practicable
What does clear days mean for the purposes of notifying about a procession?
The day notice is given and the day of the procession are not included
Where must notice of a procession be delivered?
A police station located in the area where the procession is to take place
What four things should the notice specify?
- Date of procession ๐
- Time of procession ๐ฐ๏ธ
- Route of procession ๐บ๏ธ
- Name and address of organiser ๐ฌ
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?
Processions which are commonly or customarily held, and funeral processions โฐ๏ธ
What are the two things, one of which is sufficient, that a chief constable/most senior officer present) must reasonably believe, in order to place conditions on a procession?
๐ชงโ๏ธ
- Procession will result in serious
- public disorder, ๐๐ก
- damage to property, ๐๐๏ธ
- disruption to the community ๐๐๐ฃ
OR - The purpose of the procession is to
- intimidate others ๐คฌ๐ซต
- with a view to compelling them not to do something they have a right to do, or do something they have a right not to do โ
If this standard is reached, what conditions can be imposed on a procession?
Any condition necessary to prevent the issue which satisfied the standard
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