ASB/Public Order/Hatred Flashcards
What are the defences to hatred offences?
- Acts were part of a programme service
- Acts took place in a private place and were not noticeable to a person in a public place
- Suspect was not fully aware of the possible effects of their actions
Where can offences of hatred take place?
In public or private but effect of actions must be felt in a public place
What is hatred on the grounds of sexual orientation?
Hatred against a group of persons defined by reference to sexual orientation whether same/opposite/both sexes
What is religious hatred?
Hatred against a group of persons defined by reference to religious beliefs (or lack of?)
What is racial hatred?
Hatred against a group of persons defined by reference to colour, race, nationality (inc citizenship_ or ethnic/national origins
What is a riot?
Essentially violent disorder but 12 or more people must be present
For violent disorder, can only one person be charged?
Yes, but must be proved that at least two other people using or threatening violence were present and they must be mentioned in the charge
How is violent disorder committed?
When 3 or more persons who are present together
use or threaten unlawful violence
and the conduct of them (taken together) is such that would cause a person of reasonable firmness present at the scene to fear for their personal safety
- Can be committed in private and public places
- No person of reasonable firmness need actually be at the scene
How many people must be present for the offence of violent disorder?
Three or more
How does someone commit affray?
If they use or threaten violence
towards another
and their conduct is such that would cause a person of reasonable firmness at the scene
to fear for their personal safety
Who are the three parties involved in an affray?
- The individual making threats/action
- The person subject to threats/action
- One or more bystander or sufficient likelihood of one or more bystander
What is a person of reasonable firmness?
Average person in terms of their reaction to violent incident around them
Can a police officer enter premises to arrest someone suspected of a s4 public order offence?
Yes
What are the key features of a section 4 public order offence?
- Conduct directed at person(s) at scene
- Material distributed, not just displayed
- Suspect must intent or be aware of conduct is potentially threatening, abusive or insulting
- Intend to cause fear/provoke violence
What is a section 4 offence of the public order act 1986?
If someone uses threatining, abusive or insulting words or behaviour OR if they distribute/display to another person any writing or sign that is such.
Intent must be to cause a person to believe immediate unlawful violence will be used (against them or another) or provoke immediate use of violence or cause that person to believe violence be used or provoked
Must be intention for recipient to fear violence to themselves or other
What are the defecnes to s4a public order offences?
No reason to believe words/conduct inside a dwelling could be seen or heard
Conduct was reasonable
What is a section 4a offence under the Public Order Act 1986?
Intention to be harassing, alarming, distressing
Guilty if threatening, abusive or insulting
Doesn’t have to be aimed at a specific person
One identifiable perso must be harassed, alarmed or distressed
Material only need be displayed, not distributed
What are the defences to section 5 offence?
In public, but no reason to believe anybody could hear or see conduct.
Ina dwelling and had no reason to believe words, behaviour or conduct could be seen or heard
Conduct was reasonable
What is Section 5 of the public order act 1986?
Causing non-intentional harassment, alarm, distress or disorderly behaviour/conduct
Includes signs but not distribution of material
Doesn’t need to be aimed at a specific person
Must be within presence of someone who can see/hear
Suspect must be aware conduct is abusive/threatening but no need to prove intent
Where can a public order offence take place?
Public place or communal private area
In a private place, but causes a person in a public place to be harassed, alarmed or distressed
What are the offences under the Public Order Act 1986?
s1 - Riot
s2 - Violent Disorder
s3 - Affray
s4 - Fear or Provocation of Violence
s4a - Intentional, harassment, alarm or distress
s5 - Non-intentional harassemtn, alarm or distress
How may an officer enter a premises under breach of peace?
- to make an arrest for a breach of the peace
- or to prevent such a breach
- once breach is over, should leave private premises within a reasonable time
What is the definition of a breach of the peace?
It is committed whenever harm is done to a person (or likely to be)
or in someone’s presence, harm is done to their property (or likely to be)
or when a person is in fear of being harmed via assault, riot or other disturbance
How long can someone be detained under a breach of the peace?
Until no likelihood of a breach recurring
Who can arrest someone for a breach of the peace and how is the arrest lawful?
Anyone, but they must identify the hard and compare the circumstances with definition
Breach must have taken place in their presence or threat be real or imminent
Who and how can issue a closure notice?
Council or police inspector (or above)
Reasonabl ground the premises use is resulting in (or likely to) cause nuisance to public or disorder near premises
How long does a closure notice apply for?
24 Hours
Can be extended by further 24 hours by council CEO or police superintendent
Court can extend by further 48 hours in order to issue a closure order
What do closure notices do?
Close premises that are causing nuisance or disorder
When is one in breach of a public spaces protection order?
If a person without reasonable excuse, fails to comply.
Except alcohol - only a breach if someone fails to stop drinking or surrender alcohol when challenged
Does a public spaces protection order (PSPO) take precedence over any by law?
Yes
What needs to happen before a community protection notice (CPN) is issued?
A written warning stating
the problem behaviour
requesting it stops
and the consequences of continuing
How old does someone need to be to receive a community protection notice (CPN)?
Over 16
Who can issue a community protection notice? (CPN)
Council
Police Officer
PCSO
Social Landlords
What is a community protection notice?
A notice designed to tackle ASB that is having a detrimental effect on the quality of life for people in the locality and to be unreasonable and persistent/continuing
Can a person under 16 be removed by force under a dispersal order?
Yes
Under a dispersal order, what can an officer do to procure an item that can be used in ASB?
Require the person to hand over any item but not by force as no power of seizure
Failure to hand over item is a summary offence
What rank of officer can authorise a dispersal order?
Inspector
For a dispersal order, what must the ASB be doing/
Contributing to (or likely to)
cause harassment, alarm, or distress to members of the public in the local area or to the occurence of crime and disorder
What age can someone receive a dispersal order at?
Over 10 years old (or appear to be)
How long does a dispersal order last?
48 Hours
When is a dog being dangerously out of control an aggravated offence?
If it causes injury to a person or an assistance dog
Who is committing an offence under the dangerous dog act?
Owner OR person in charge of it
Who can’t commit a nuisance or disturbance on hospital premises?
Anyone there to obtain medical advice, treatment or care for themselves.
But can be committed by somoene who has already received treatment or has been refused treatment in previous 8 hours.
What constitutes NHS premises under a nuisance or disturbance on hospital premises?
All NHS hospitals and any building/structure on hospital grounds.
Vehicles (inc choppers) associated with hospital on hospital grounds.
Who is classed as an NHS worker in s119 of Criminal Justice and Immigration Act 2008 for a person on NHS premises to cause a nuisance or disturbance (without reasonable excuse)?
Any NHS staff including agency/contract workers/students/volunteers
What happens if a community trigger system threshold has been met?
Victim must be informed
Case review takes place with problem solving approach
Action plan/timescale discussed with victim
What is the threshold for the community trigger system?
Three complaints within a six month period
Can be locally defined
How does the community trigger system work?
Allows victims (or anyone acting on their behalf) to formally request that ASB reviewed by police/councils
What can injuctions to prevent nuisance and annoyance be used for?
At an early stage to prevent individuals engaging in ASB
Non housing - Where behaviour caused or likely to cause harassment, alarm or distress
Housing - Where conduct is capable of causig nuisance or annoyance
Under s50 of the Police Reform Act 2002, is it an offence for somoene to fail to give their correct name and address when required?
Yes
Who and when issues criminal behaviour orders?
A criminal court on conviction of any criminal offence
How is a gang injunction applied for?
Councils/chief police officers apply to high or county court for over 18s or youth court for 14-17 year olds.
Must shoe person has engaged in, encouraged or assisted or needs to be protected
Can last upto 2 years
How is a gang defined?
3 or more people
Uses emblem/name/colour
Associated with an area
What assaults can be deemed racially or religiously aggravated?
Common assault
ABH (s47)
GBH (s20)
NOT GBH with Intent
How is an offence deemed racially or religiously aggravated?
If it either demonstrates OR is motivated by hostility
What offences are aggravated in terms of hate crime?
Racially or religiously motivated offences:
- Criminal Damage (no need for specific victim)
- Public Order Offences
- Harassment
What is the offence of squatting?
An offence for a trespasser to have entered and means of entry be such that they know (or should) know it was trespass.
Any residential building
Officer in uniform can enter/search to arrest
What constitutes an open air gathering with music at night (Rave)?
What are the dispersal powers?
More than 20 people outdoors at night with amplified music with repetitive beats
Can disperse ten or more people at a gathering/or waiting for it to start. Or two or more preparing such event
Direction from superintendent, communicated by constable
Offence if fail to leave and return within 7 days. Also if move to similar event within 24 hours.
What is aggravated trespass on land?
Anyone disupting/obstructing lawful activity taking place
How is criminal trespass described?
At least two suspects must be planning to live on land for period of time and must have been asked to leave by owner/legal occupier.
Must also have either:
- Caused damage to land/property on land
- Used threatening/abusive/insulting words behaviour to occupier (or their family/agent/employee)
- Have 6 or more vehicles (inc caravans)
What are police powers for search at sports grounds?
Power for officer to enter/search any part of ground if reasonable grounds to suspect offence being committed (or about to)
Same applies to persons and vehicles
What are the offences regarding alcohol or containers at football matches?
Offence to possess alcohol or containters likely to contain alcohol where match can be viewed, or entering ground.
Includes crushed/broken containers
Also offence to be drunk inside ground
What is an offence regarding alcohol on transport to football matches?
For alcohol to be carried on bus, train, coach or minibus (adapted to carry 8 people and carrying 2 or more)
Offence commited by driver, keeper, hirer or anyone onboard carrying alcohol or is drunk
What and when does the Sporting Events Act apply?
A football match at designated sports ground and involving professional football team
Applies from two hours before K.O. and for one hour after scheduled end (ET etc ignored)
What is intimidation relating to criminal proceedings
What is s1 of the Public Order Act 1986?
Riot - Violent disorder involving 12 or more people
What is s2 of the Public Order Act 1986?
Violent Disorder (3 or more persons present using/threatening violence)
What is s3 of the Public Order Act 1986?
Affray (Threat of violence capable of upsetting others)
What is s4 of the Public Order Act?
Fear or provocation of violence
What is s4a of the Public Order Act 1986?
Causing intentional harassment, alarm or distreess
What is s5 of the Public Order Act 1986?
Causing non-intentional harassment, alarm, or distress; or disorderly behaviour/conduct
What act does a dog being dangerously out of control fall under?
s3 (1) of the Dangerous Dogs Act
