Public Order Flashcards
Which act defines the offence of ‘Drunk in a Public place’ ? What are the points to prove?
S.91 (1) Criminal Justice Act 1967
Any person who in any public place is guilty, while drunk, or disorderly behaviour shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale’.
It requires proof of three elements :
the suspect was drunk
The suspect was in a public place
Was guilty of disorderly behaviour
What is a public place?
S. 91(4) CJA 1967
Includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise
In the offence of ‘drunk in a public place’ when must the disorderly conduct occur?
Before the arrest is made
What is the common law offence of ‘Breach of the Peace’ defined as?
R v ERROL:-
A breach of the peace is committed whenever harm is done, or is likely to be done to a person, or, in his presence to his property, or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance
Where can a breach of the peace occur?
Anywhere, public or private
When is there a Power of Entry in connection with the offence of BOP?
-WITH CONSENT,
- or if police officers have reasonable grounds to BELIEVE that a breach of the peace will take place if they are not present, they are entitled to enter and remain on private premises
- THOMAS v SAWKINS
- An officer must not remain on private premises once a breach has finished unless it is apparent that disorder will commence shortly
Who has the power of Arrest for BOP?
ANY PERSON - may arrest for BOP if it has been committed in their presence, and it is reasonably believed there is the threat of a renewal
- or that it will happen in the immediate future
- belief not suspect
What happens when someone is arrested for BOP?
- Should be used as a last resort, instead officer should arrest for specific suspected offence (e.g threats to kill s.16 OAPA 1861)
- Little to no criminal sanction available, cannot support bail conditions
-Once BOP is no longer apparent, officer can de-arrest and record events in their pocket notebook
What is the usual penalty for BOP?
- D must be placed in front of a magistrate within 24hrs
- ‘Bind over’ with or without sureties
- Bind over without consent
- A bind over is basically a promise to the court not to commit BOP again and if they do a fine will be payable
- This is a civil disposal
How do the offences under S.4A and S.5 Public order Act differ?
A S.5 charge would be appropriate in situations where a remark was a one off occurrence, the victim was not on their own or isolated, and the overall effect is minor in nature. (e.g a crowd of people affected)
whereas
S.4A would be suitable where a lone victim was targeted or the abuse was ongoing or the event had a significant effect on the victim
What is the definition of the offence under S.5(1)
Harassment, Alarm and Distress
5(1) A person is guilty of an offence if he…
a) uses threatening or abusive words or behaviour, or disorderly behaviour, or
b) displays any writing, sign or other visible representation which is threatening or abusive
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
What kind of conduct is required Under a S.5?
- The conduct must be in the presence of a person who can see or hear the conduct
- The defendant must intend or be aware that the conduct is likely to cause harassment, alarm or distress
Where can a S.5 be committed?
Can be committed in a public or private place…
Dwelling to public - offence
Public to dwelling - offence
Dwelling to dwelling - no offence
For the purposes of the Public Order Act 1986 what NOT classed as a dwelling?
- A communal landing within a block of flats and accessed via an entry phone
- A communal laundry room in shelter accommodation
- A garden
- A police cell
What are the 3 defences to S.5?
1) He had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress
2) He was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside his or any other dwelling
3) his conduct was reasonable
