Crowd Control & Public Order Flashcards
Primary role of Police during crowd situations?
- Maintain Public Order
- Keep the peace
- Take all reasoanble steps to prevent & end breaches of peace
- Protect persons/property
DPP v Gribble?
s6 Police Act, Functions of Police.
All Police have power to prevent persons from injury or death.
What is a breach of the peace? Case? FLAP
R v Howell
- Fear of being harmed, through assault, affray riot, unlawful assembly or other disturbance
- Likely to be harmed
- Actual harm done to
- Persons presence, harm done to that persons proprety.
Riot section and penalty, offence?
93B Crimes Act, 15 years.
12 or more people present together
- use/threaten unlawful violence for a COMMON PURPOSE
- and conduct of them taken together is such as would cause person of reasonable firmness present at scene to fear for his her safety.
How many persons for riot?
12 +
Is Riot towards persons or property?
Both
Can Riot be done in private?
Yes
For Riot, does the use/threaten to use unlawful violence need to ocurr sumultaneously? Section?
No, 93B (2).
Is the notional bystander required to be present for a Riot?
No, 93B (4).
Can violence be towards property?
Yes
Affray section, penalty, offence
93C Crimes, 10 years
- A person who uses or threatens unlawful violence towards another
- and conduct such that person of reasonable firmness present fear for person safety.
Can words alone constitute a threat for an affray?
no, 93 C (3).
What happens if 2 persons are involved in an affray?
93C (2), their condcut taken together must be considered for purpose of (1).
Notional bystander present for affray?
No, 93 C (4).
Affray in private?
Yes 93C (5).
What is affray designed to do?
Protection of the bystander i.e the Public.
Three distinct parties for an Affray?
Offender;
Person whom threat/violence directed to;
Notional bystander of reasonable firmness. norton
Violent Disorder section, offence, penalty?
11A Summary Offences, 6 months.
- If 3 or more persons who are present together
- use or threaten unlawful violence
- conduct of themtaken together is such that person reasonable firmness fear for their safety.
Can Affray be towards property?
No
Is violent disorder towards person or property?
Both
Violent disorder public or private?
Both
Mental Element for Riot? Section?
93 D (1) Person guilty of Riot if they INTEND to use violence or IS AWARE that their conduct may be violent.
Mental Element for Affray?
93 D (2) Person guilty of Affray if they INTEND to use or threaten violence, or IS AWARE that conduct may be violent or threaten violence.
For Riot and Violent disorder do all persons need to be charged to make out the offence?
No, it is enough to prove the required amount of persons were present.
For Riot and Affray, do need to prove that each person could be convicted of the offence?
No, just that they were present, and their conduct together would make person reasonable firmness fear for safety.
Mental Element for violent disorder?
11A (5), INTEND or IS AWARE, same as affray.
S9 LEPRA?
Power to enter in emergencies. - Breach of Peace - Codifies breach of peace ideas.
May enter if BELIEVES ON REASONABLE GROUNDS
- (1) -
(a) Breach peace is courring, immininent or likely or
(b) Someone suffered significant physical injury, or risk of, and entry required to prevent injury.
(2) Can only remain as long as reasonably necessary in circumstances. (limitation)
197 LEPRA?
Move on.
Direction in PUBLIC PLACE, if BELIEVES on reasonable grounds;
- Obstruction
- Harrassment/intimidation person reasonable firmness
- Cause fear
- Supply drugs
- Buying drugs
197 (2)?
direction must be reasonable in circumstances to
a) Reduce/eliminate obstruction, harrassment, intimidation
b) Stop supply of drug
c) Stop obtaining of drug.
197 (3)?
Other person
Other person referred to in (1) need not be in public place, but nearby at relevatn time conduct engaged in.
197 (4)?
for harrass/intimidate, person reasonable firmness need not be present.
200 LEPRA?
Limitations on 197.
(1) - Cant give direction for industrial dispute
(2) - Genuine demonstration/protest
- procession
- organsied assembly
200 (3)?
Not precluded from giving direction if BELIEVES on reasonable ground necesary to give direction to deal with serious risk to safety.
200 (4)?
Not precluded form direction to protest, assembly etc if they are obstructing traffic
(a) - Not authorised demonstration AND
(b) Police Officer incharge of scene has authorised the directions AND
(c) Directions limited to those obstructing traffic.
For Violent disorder do person need to use/threaten unlawful violence simultaneously? Section
No, 11 A (2).
