Lesson 1 - Crimes of Disorder

Question 1

What are the essential elements for Breach of the Peace?

Answer 1

• Breach of the peace is a crime at common law
• It can be committed by one or a number of people
• The conduct of the person or persons must be riotous or disorderly
• The conduct must be severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

Question 2

Explain Riotous Conduct

Answer 2

It indicates there is an element of noise, rowdyism, wild or violent behaviour

Question 3

Explain Disorderly Conduct

Answer 3

The actions of the perpetrator are such that an ordinary person could be placed in a state of alarm and be seriously disturbed. There does not need to be an element of noise for this to be present

Question 4

What effect on the public must there be for Breach of the Peace?

Answer 4

• Cause (or threaten to cause) at least one member of the public to be;
• Alarmed, and;
• Threaten serious disturbance to the community
• The behaviour MUST threaten serious disturbance to the community
• Evidence of actual alarm or that the conduct would be alarming to a reasonable person must be present
• This can be extended to conduct in private if there is a reasonable likelihood of to being discovered
• Insulting or abusive language to or concerning another person does not constitute

Question 5

What constitutes a public element?

Answer 5

• Any public place where the public are present

- Any private place, overheard by the public in a public place

Question 6

What are the essential elements for S38 CJLS Act 2021?

Answer 6

• Behave in a threatening or abusive manner
• Where the behaviour is likely to cause a reasonable person to suffer fear or alarm and
• The person behaving in such a manner intends the behaviour to cause fear or alarm
• Is reckless as to whether the behaviour would case fear or alarm

Question 7

Who can a s38 be committed against and where?

Answer 7

• It can be committed against a single person

- It can be committed anywhere including a private dwelling

Question 8

What defence is available for a person charged for a s38?

Answer 8

They can show that the behaviour exhibited was reasonable in the particular circumstances. The court will decide what is “reasonable”

Question 9

What are the Police Powers for Breach of the Peace?

Answer 9

Breach of the peace is punishable by imprisonment

• Warn the culprit or
• Issue a FPN
• Report for summons
• Arrest

Question 10

What are other alternatives to a Breach of the Peace and a S38?

Answer 10

• Section 54 CGS Act 1982
• Section 127 of the Communications Act 2003
• Hoax 999 Calls (Section 1-4 Emergency Workers (Scotland) Act 2005 and Chapter 7 of the Fire (Scotland) Act 2005)
• Section 39 CJLS Act 2010 (Stalking)

Question 11

What are the essential elements for a S54 CGS Act 1982?

Answer 11

• Any person who:
• Sounds or plays any musical instrument
• Sings or performs, or
• Operates any radio or television receiver, record player, tape recorder or other sound producing device

Question 12

What are the essential elements for S127 of the Communications Act 2003?

Answer 12

A) A person is guilty of an offence if they
- Send by means of a public electronic communications network message or other matter that is grossly offensive or of an incident, obscene or menacing character; or
- Causes any such message or matter to be so sent
B) A person is guilty of an offence if for the purpose of causing annoyance, inconvenience or needless anxiety to another, they:
- Send by means of a public communication network, a message that he knows to be false;
- Causes such a message to be sent; or
- Persistently makes use of a public electronic communications network

Question 13

What are the essential elements of S39 CJLS Act 2010?

Answer 13

Where the conduct occurs on at least two occasions, where either:

• The conduct is intended to cause fear or alarm, or
• The person ought to have known the conduct, in all circumstances would cause fear or alarm (recklessness), and
• It does in fact cause the victim to suffer fear or alarm (physical or psychological harm, or apprehension or fear for the safety of the perceived victim or any other person)

Question 14

What conduct may constitute as stalking?

Answer 14

• Following the victim or any other person
• Contacting or attempting to contact the victim or any other person by any means
• Publishing any statement or any other material relating or purporting to relate to the victim or to any other person or purporting to originate from the victim or from any other person
• Monitoring the use by the victim or by any other person of the internet, email or any other form of electronic communication
• Entering any premises (anywhere occupied by the victim)
• Loitering in any place (whether public or private)
• Interfering with any property in the possession of the victim or of any other person
• Giving anything to the victim or to any other person or leaving anything where it may be found by, given to or brought to the attention of the victim of any other person
• Watching or spying on the victim or any other person
• Acting in any other way that a reasonable person would expect to cause the victim to to suffer fear or alarm

Question 15

What are the Police Powers for S39 CJLS Act 2010?

Answer 15

Punishable by imprisonment