Article 11-Police Order Act 1986 Sets out Flashcards
S1 Riot
12 or more people collectively use or threaten violence for a common purpose causing another to fear safety.
S2 Violent disorder
3 or more people collectively use or threaten violence for a common purpose causing another to fear safety.
Riot and violent disorder
Does not have to be simultaneous.
Can be committed in private or public.
S3 Affray
2 or more people collectively use or threaten violence for a common purpose causing another to fear safety.
S3 Affray case
DPP
S4 Causing fear or provocation of violence
Threatening or abusive words or behaviour.
What also fits under S4 Causing fear or provocation of violence?
S4A Causing intentional harassment, alarm or distress
S4 and S5
No offence if words behaviour is distributed or displayed by person inside dwelling.
Defences
Conduct was reasonable
Writing could be seen or heard by V or anybody
11(2)
Right can be restricted on grounds of disorder or crime
11(2) B
Right can be restricted on grounds of rights or freedoms of others.
What is S61?
Removal of trespassers
Removal of trespassers
Police can direct trespassers to leave after occupier has asked and they refused.
Removal of trespassers cases
Appleby
What is S63?
For raves
Rave
Gathering on land in open air of 20 or more people amplified music beyond reasonableness.
Police powers
To disperse and deal with illegal forms of assembly.
What is S68 and S69?
Aggravated trespassers and the power to remove
Aggravated trespassers
Intimidate, obstruct or disrupt people carrying out lawful activity
Chivers
D charged with aggravated trespasser.
Aggravated trespassing is Often used for
Stop oil
Climate protests
Common law trespass to land
Police can remove trespassers from land after occupier has asked them to leave but failed.
Trespasser must be
On another land
Have a common purpose of staying there
Have been asked to leave by an occupier
Trespasser case
Drury
