Breach Of Peace And Public Order

Question 1

BOP definition

Answer 1

A BOP occurs when harm is done or likely to be done to a person or to a persons property in his presence or a person is in fear of being harmed.

Question 2

Section 5 public order

Answer 2

Disruptive behaviour that could cause harassment alarm or distress to someone. ‘Fuck fuck fuck’

Question 3

Do you have power of arrest for BOP

Answer 3

Yes - can enter any premiss to prevent BOP

Question 4

Section 5 public order, do you have power of berry to arrest?

Answer 4

No

Question 5

Defence for section 5

Answer 5

If his conduct was reasonable

If he was inside a dwelling and didn’t think it would be seen/heard

Question 6

Section 4a public order

Answer 6

Intentional harassment alarm or distress

“Fuck you”

Question 7

Defence for section 4a

Answer 7

Dwelling to dwelling doesn’t count

Requires statement from victim to provide H.A.D

Question 8

Section 4

Answer 8

Fear or provocation of violence

“Fuck you, I’m gonna punch you”

Question 9

Where can section 4 take place ?

Answer 9

Public or private place but not if both parties are in a dwelling

Question 10

Section 18 and 19 public order act

Answer 10

18- inciting racial hatred - words, behaviour, display

19- inciting racial hatred - written material

Question 11

The power to arrest for BOP is given to?

Answer 11

Any person

Question 12

ASB criminal behaviour order.. What’s the sec and act ?

Answer 12

Sec 22 - anti social behaviour and crime and policing act 2014