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).