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Human Rights > Public order > Flashcards

Public order Flashcards

1
Q

What is meant by public order?

A

This refers to legislation that creates a balance between individual freedom and public offences.

  • These are also preventive powers which can be used to restrict lawful activity
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2
Q

Explain s11 of the public order act 1986.

A

This refers to marches and processions

which concerns organisers of a march not a meeting
- 6 days notice needs to be given and it must specify the date and time and route with the organisers name

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3
Q

Under s11 of the Public Order Act 1986 when can an organiser raise a defence ?

A
  • If they can prove that the march deviated or it was not practical to give notice at that time.
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4
Q

Explain s12 of the Public order act 1986

A

This refers to the conditions on marches and processions
- The police have the power to impose conditions regarding time and place if they think it may result in triggers such as :
1. serious public disorder
2. serious damage to property
3. serious disruption to community
4, A belief in the presence of intimidation

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5
Q

What is the fourth trigger under s12 POA 1986?

A
  • A political statement that suggests intimidation of others
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6
Q

Why is the case of R V Reed & Newsgroup Newspaper v Sogat significant ?

A
  • R V Reed- showed that shouting and raising arms was not intimidation but it was discomfort
  • Newsgroup paper v Sogat suggested that abuse and shouting did not amount to a threat of violence
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7
Q

What are the cases that are linked to s12 of POA ?

A
  • R v reed

- Newsgroup newspaper v Sogat

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8
Q

Explain what s13 is under the POA

A

This refers to a banning order which may be imposed if:

  • it was thought that it would result in serious pubic disorder
  • It can cover any march within that time and can stay into force for up to 3months
  • anyone who organises a march will be prosecuted under s13(10
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9
Q

Explain what is meant by s16 under the POA 1986

A

This defines what a meeting/assembly is

  • Two or more people gathered in a public place which is wholly or partly in an open space.
  • previously was 20 or more people but this was changed
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10
Q

Explain what s14 is under POA 1986

A

This refers to the powers the police have to impose conditions on meetings . some conditions include:

  1. the place its held
  2. duration
  3. maximum of people

Example - Dpp v Baillie - police did not have the power to issue the arrest

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11
Q

What is an case example of s14?

A

DPP V Baillie

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12
Q

Explain s14 A-C under the criminal justice and public order act 1994.

A

This refers to trespassory assemblies ( an assembly that is more than 20 people in the open air)

  • This gives power to local authorities with the permission of the HS to prohibit the holding of trespassory assemblies for a specific period of time
  • Example DPP v Jones - protests on highway unlawful
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13
Q

What other cases can be used as examples under s14 A-C of the cj & POA 1994

A

Windle v Dpp -

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14
Q

Explain s61 of the CJ& POA 1994

A

this refers to the assembly of travellers where the police have the power to require trespassers to leave land which they intend to reside if they have damaged the land or threatened

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15
Q

Explain s63 Raves under the Cj & POA 1994

A

This gives the police power to break up or prevent open-air gatherings of 20 or more people where loud music is likely to cause disruption to neighbours

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16
Q

Explain s68 under the CJ & POA 1994

A

This refers to aggravated trespass where the main targets for this offence were hunt saboteurs. but it covers any trespasser who disrupts a lawful activity taking place on land

17
Q

Explain s69 of the CJ & POA 1994

A

This means that police can direct trespassers who they believe have committed or about to commit an offence to leave

18
Q

What is the importance of the pubic order offences under the public order act 1986

A
  • this makes many different kinds of behaviour criminal offences . they usually refer to the use of threat of violence of harassment towards someone else
19
Q

Explain what a riot is under the public order offences

A

A riot is apart of section 1 public order act 1986 which is defined as when 12 people are threatening violence or acting with a common purpose which makes the reasonable man to feel threatened or intimidated

20
Q

Explain what violent disorder is as a public order offence

A
  • Under s 2 POA 1986
  • This is where 3 or more people are cauing some the same offence as those who riot
  • max sentence 3 years
21
Q

Explain what a affray is as a public order offence

A
  • An affray involves 2 or more people who are causing others to fear for there safety
  • max sentence 3 years
  • section 3 POA 1986
22
Q

Explain what international harassment , alarm and distress is as apart of public order offences

A
  • Under s4 POA 1986
  • This is caused by demonstrating allusive behaviour towards people by using threats and
  • max sentence 4 months unless there it is racially aggravated racial
  • R v Horseferry
23
Q

Explain threatening , abusive or insulting behaviour as an public order offence

A
  • Caused by abusive language or gestures with intent to cause harassment , alarm or distress
  • defined under s5 poa 1986
  • DPP V Drum - police officers can be victims of abusive behaviour
  • DPP V Fisher
24
Q

What is the mens rea requirement under s 6 POA

A
  • ## must have intention or awareness that they are be9ing threatening or abusive . if this can not be established then they should be accquitted
25
Q

Explain what is meant by incitement of 5racial hatred as apart of an public order offence .

A
  • s17 POA 1986
  • DEFINED as hatred against any group of persons defined by reference to colour , race , nationality or ethnic origin
  • 2 elements
    1. words or behaviour must be threatening abusive or insulting
    2. Actions of person must be intended to stir up radial hatred
26
Q

Explain the sections of publication offences of the public order act 1986

A
  • s18- deals with speeches or meetings or demonstrations it is an offence to use words or behaviours to display written material
  • s19- covers publishing or disturbing written material
  • s20- deals with performance of plays
  • s21- deals with showing or playing films , vireos
  • s22- deals with broadcasting and cable services
  • s23- makes it an offence to simply posses racist material
27
Q

Summarise public order offences

A
  • s1 POA1896 riot
  • s2 POA 1986 violent disorder
  • s3 POA 1986 Affray
  • s4 POA 1986 international harassment , alarm or distress
  • s5 POa 1986 threatening absuvive or insulting behaviour
  • S6 mens rea requirments
  • s17 incitement to racial hatred
28
Q

What is part 3a to the public order act 1986?

A

This is the racial and religious hatred act 2006 added a part 3a to the POA 1986

  • Religious hatred is defined as ‘hatred against a group of persons defined by reference to religious belief or lack of religious belief’.
  • The offences cover speech, publications, plays, recordings and broadcasts and possession of inflammatory material
  • The offences are limited to threatening behaviour
29
Q

What are the other offences that are related to racial and religious hatred

A
  • Crime and disorder act 1988 - increased pentalities for racially aggravated offences
  • Anti terrorism crime and security act 2001- extended previous acts to include religious aggravation
30
Q

Explain Private law remedies

A
  • This means that a private person can seek injunctions.
  • Hubbard v Pitt- held that the injunction was necessary but lord denning suggested that the public had a right of way , the agency did not own the sidewalk
31
Q

Explain the serious Organised Crime and Police Act 2005

A
  • This has restricted the freedom of protesters when protesting next to parliament. In order to protest near paralament
  • a demonstration 1km from parliament six days notice must be goven to the met police
  • They can impose conditions such as police can stop almost all protests
  • 128-138 - RELATE to restrictions on protesting at designated sites whih include military bases and some gov
32
Q

Why is the case of R ON THE APPLICATION OF HAW v secretary of state significant

A
  • legislation did not apply to him at the time until 2005 when tucker replaced him
33
Q

What is meant by breach of the peace

A
  • if the peace is being committed, if they have reasonable belief that breach of the peace will be committed, or if they think, it will be repeated. SOCPA 2005 made it an arrestable offence.
  • Moss v Mclachlan - where police feared that a violent episode would occur
  • R (Laporte) v Chief Constable of Gloucestershire- police officers actions were disproportionate
34
Q

Explain obstruction of the highway as a public order offence

A
  • Under s137 Highways Act 1980, it is an offence ‘if a person without lawful authority of excuse in any way wilfully obstructs the free passage along a highway’. For the purposes of this crime, the highway includes pavement as well as the road
  • Arrowsmith v Jenkins- organiser blocked highway for five mins and was arrested
35
Q

Explain what is meant by obstruction of the police

A
  • Obstruction of the police is a statutory offence under s89 Police Act 1996.
  • Duncan v Jones-

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