Article 11-Police Order Act 1986 Sets out Flashcards

1
Q

S1 Riot

A

12 or more people collectively use or threaten violence for a common purpose causing another to fear safety.

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2
Q

S2 Violent disorder

A

3 or more people collectively use or threaten violence for a common purpose causing another to fear safety.

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3
Q

Riot and violent disorder

A

Does not have to be simultaneous.
Can be committed in private or public.

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4
Q

S3 Affray

A

2 or more people collectively use or threaten violence for a common purpose causing another to fear safety.

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5
Q

S3 Affray case

A

DPP

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6
Q

S4 Causing fear or provocation of violence

A

Threatening or abusive words or behaviour or disordered behaviour or words, signs causing belief or immediate personal violence.

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7
Q

What also fits under S4 Causing fear or provocation of violence?

A

S4A Causing intentional harassment, alarm or distress

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8
Q

S4 and S5

A

No offence if words behaviour is distributed or displayed by person inside dwelling.

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9
Q

Defences

A

Conduct was reasonable
Writing could be seen or heard by V or anybody

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10
Q

11(2)

A

Right can be restricted on grounds of disorder or crime

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11
Q

11(2) B

A

Right can be restricted on grounds of rights or freedoms of others.

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12
Q

What is S61?

A

Removal of trespassers

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13
Q

Removal of trespassers

A

Police can direct trespassers to leave after occupier has asked and they refused.

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14
Q

Removal of trespassers cases

A

Drury
Appleby

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15
Q

What is S63?

A

For raves

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16
Q

Rave

A

Gathering on land in open air of 20 or more people amplified music beyond reasonableness.

17
Q

Police powers

A

To disperse and deal with illegal forms of assembly.

18
Q

What is S68 and S69?

A

Aggravated trespassers and the power to remove

19
Q

Aggravated trespassers

A

Intimidate, obstruct or disrupt people carrying out lawful activity

20
Q

Chivers

A

D charged with aggravated trespasser.

21
Q

Aggravated trespassing is Often used for

A

Stop oil
Climate protests

22
Q

Common law trespass to land

A

Police can remove trespassers from land after occupier has asked them to leave but failed.

23
Q

Trespasser must be

A

On another land
Have a common purpose of staying there
Have been asked to leave by an occupier

24
Q

Trespasser case

A

Drury

25
Q

What is trespass to land?

A

A tort

26
Q

Trespass definition

A

Person unlawfully and unjustifiably intrudes on another’s land/
Can be used even if no damage.

27
Q

What is trespass used for?

A

Evict travellers
Sit ins

28
Q

When can trespassing be justified?

A

When D has permission to enter
Right of way
Statutory power of entry