Paper 3.6b - A11 Restrictions and Public Order Acts Flashcards
What is breach of peace?
This is when a person of reasonable firmness is in fear of being harmed from a person/group movement- a victim does not need to be present.
What is kettling and what is a case example of it?
A form of protest policing where police form a wall around people and detain them.
(Austin) said it should be used as a last resort.
What is trespass to land and what is a case example of it?
An unlawful and unjustifiable intrusion by a person onto another’s land.
(Ellis) said setting foot on the land meant that a trespass had occurred.
What two Acts are responsible for the majority of statutory restrictions to Article 11 - freedom to assembly?
Criminal Justice and Public Order Act (CJPOA) 1994
Public Order Act (POA) 1986.
What is the removing trespassers statutory restriction of Article 11?
s61 CJPOA:
- on land w common purpose of remaining
- can be asked to leave if land is damaged or threats are made to owner
- 6+ vehicles on land
- crime if they fail to leave or return in 3 months.
What is the Raves statutory restriction of Article 11?
s63 CJPOA:
- 20+ people
- gathering in open air, amped music and at night
- likely to cause distress (loudness, duration, time)
Police can stop and seize rave equipment.
What is the aggravated trespass restriction of Article 11?
s68(1) CJPOA:
- trespass w intent to intimidate, or disrupt or obstruct an activity, (Just Stop Oil)
- land includes buildings (Chivers)
- police may remove offenders.
What is the trespassory assembly restriction of Article 11?
s70 CJPOA:
- a police chief may prohibit a trespassory assembly for up to four days if it will cause serious disruption, obstruction or damage.
What are the six Public Order offences under the old Public Order Act? What year was this Act created?
POA 1986:
Riot.
Violent Disorder.
Affray.
Causing fear/provocation of violence.
Causing intentional harassment, alarm or distress.
Causing harassment, alarm or distress.
What sections of the Public Order Act 1986 do the following offences link to:
Riot, Violent Disorder, Affray, Causing fear/provocation of violence, Causing intentional harassment, alarm or distress and Causing harassment, alarm or distress.
Riot - s1
Violent Disorder - s2
Affray - s3
CF/PV - s4
CIHAD - s4A
CHAD -s5
What is the definition of riot/violent disorder/affray? What is the difference between these crimes?
A group of people present together use unlawful violence for a common purpose which would cause a person of reasonable firmness to fear for their safety.
Riot - 12 or more people, Violent Disorder - 3 to 11 people, Affray - 1 to 2 people.
(Affrays do not have to be present together as there is usually only one person).
What is the actus reus of causing fear/provocation of violence AND causing intentional harassment, alarm or distress?
Use of threatening, abusive or insulting words/behaviour OR
Displaying a threatening or provoking message.
What is the mens rea of causing fear/ provocation of violence?
Intention to make another fear immediate unlawful violence.
What is the mens rea of causing intentional harassment, alarm or distress?
Intention to make another feel harassed, alarmed or distressed, (unhappy rather than scared).
What is the mens rea of causing harassment, alarm or distress?
No MR - it is a strict liability offence.
