Part 5: Public Order Offences Flashcards
What is perjury in legal terms?
Perjury is the act of giving evidence which one knows to be false during judicial proceedings. It is a criminal offence as it undermines the integrity of the judicial process.
What is the mens rea for perjury?
The mens rea for perjury is the intent to give false information, knowing that it is untrue, with the purpose of misleading or deceiving the court or tribunal.
What is subornation of perjury?
Subornation of perjury is the act of inducing someone else to commit perjury, or persuading someone to give false evidence during judicial proceedings.
How does subornation of perjury differ from perjury?
Perjury involves an individual giving false evidence, while subornation of perjury involves inducing another person to give false evidence, making the inducer responsible for encouraging the dishonest act.
What is the definition of breach of the peace?
Breach of the peace refers to behavior that is severe enough to cause alarm to ordinary people and threatens a serious disturbance to the community. The accused must intentionally do the act that causes, or has the potential to cause, a public disturbance.
What is the actus reus for breach of the peace?
The actus reus of breach of the peace is behavior that causes alarm to ordinary people and threatens a serious disturbance to the community.
What is the mens rea for breach of the peace?
The mens rea for breach of the peace is intentionally doing the act that causes, or could cause, a disturbance to the community
What was the ruling in Smith v Donnelly 2001 regarding breach of the peace?
In Smith v Donnelly 2001, the court clarified that breach of the peace requires behavior severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. The case also narrowed the scope of the crime and clarified that refusing to cooperate with police is no longer considered breach of the peace.
What was the outcome of Jones v Carnegie; Tallents v Gallacher 2004 regarding breach of the peace?
In Jones v Carnegie; Tallents v Gallacher 2004, the court addressed appeals from individuals convicted of breach of the peace. The appellants argued that their rights under Articles 10 and 11 of the European Convention on Human Rights (freedom of expression and association) were breached. The court upheld the convictions, ruling that such rights may be subject to restrictions in different countries.
What was the ruling in Harris v HM Advocate 2010 regarding breach of the peace?
In Harris v HM Advocate 2010, the court emphasized that breach of the peace must affect the public peace. The accused was charged for causing fear and alarm by making threats about police officers’ families. The court confirmed that affecting the community is an essential element of the crime, and private statements could still lead to breach of the peace if they disturb the public peace.
What is required for someone to be convicted of a Section 38 offence under the Criminal Justice and Licensing (Scotland) Act 2010?
To be convicted of a Section 38 offence, the accused must:
A) Behave in a threatening or abusive manner,
B) The behaviour must be likely to cause a reasonable person to suffer fear or alarm, and
C) The accused must either intend the behaviour to cause fear or alarm, or be reckless as to whether it will.
What types of actions can be considered behaving in a threatening or abusive manner under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010?
Actions such as shouting, swearing, uttering threats, or even brandishing a knife can be considered behaving in a threatening or abusive manner under Section 38.
What is a defence under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010?
A defence exists if the behaviour was reasonable in the circumstances, such as when a person responds with verbal abuse after being attacked.
How is Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 related to breach of the peace?
Section 38 represents a codification of some forms of common law breach of the peace. It makes it an offence to behave in a threatening or abusive manner that causes fear or alarm without the need for a public disturbance.
What defines stalking under Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010?
Stalking is defined as engaging in a course of conduct that places another person in a state of fear or alarm. This includes a variety of actions, such as unwanted communications, cyberbullying, or following a person.
What actions can qualify as stalking under Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010?
Actions that can qualify as stalking include:
Sending unwanted phone, text, or email messages,
Cyberbullying on social media,
Following or loitering,
Verbal abuse, and
Monitoring a person’s use of email, internet, or other electronic communications.
What is the mens rea for stalking under Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010?
The mens rea for stalking is that the accused must intend to cause fear or alarm to the victim.
Does harassing someone fall under the definition of stalking?
Yes, harassing someone falls within the definition of stalking under Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010.
