Breach Of The Peace

Question 0

What are the essential elements?

Answer 0

One or more people
Riotous or disorderly manner
Cause alarm AND threaten disturbance to community

Question 1

Define botp

Answer 1

A crime at common law and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner where such conduct causes alarm to ordinary people and threatens serious disturbance to the community

Question 2

What owners of arrest exist?

Answer 2

Unconditional. In minor cases use discretion, fpn etc

Question 3

What offence does sec 38 create? What are the essential elements? What power of arrest exists?

Answer 3

To behave in a threatening or abusive manner:
Likely to cause a reasonable person fear & alarm,
And
Person intends to cause fear and alarm or is reckless as to whether it causes fear/alarm to at least 1 person
Silent power, it is punishable by inprisonment

Question 4

What offence does sec 54 create?

What powers exist?

Answer 4

For any person to:
Sing or perform
Sound or play a musical instrument
Operate any sound making device
So as to cause annoyance to another person, and to fail to desist after being required to by a PC in uniform.
Power to enter premises after warning with reasonable force, and seize noise making equipment. Then caution & charge.

Question 5

What offences exist in relation to the communications act 2003?

Answer 5

Sec 127(A)= to electronically send a message or other content which is offensive, indecent, obscene or menacing, or
To cause such a message to be sent

Sec 127(B)= to cause annoyance, inconvenience, or anxiety to another by sending electronically a message known to be false, or to cause such a message to be sent

Question 6

What offence exists for stalking? What power of arrest exists?

Answer 6

Must be a course of conduct, not just a single event, that causes fear or alarm
Silent power of arrest, but punishable by inprisonment.