Public Order Flashcards
Who makes Common Law?
Judges
Where can a Breach of The Peace Occur?
Anywhere, public or private.
If a police officer believes a breach of peace has occurred you may enter and remain on private premises. Cannot remain once breach ends.
Breach of the Peace definition
“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 dear of being harmed through an assault, affray, riot or other disturbance”
“Whenever HARM is Done or Likely to be done To a Person in Their Presence to Their Property” (Breach of Peace)
-Harm can be physical or emotional damage
-A person must be present and observes/reasonably expects harm to their property
Public Nuisance definition
Any conduct which endangers the life, health, property or comfort of a section of the public or obstructs them in the exercise of their rights.
Power of Arrest (Breach of Peace)
Any person (not just a constable) may arrest for a Breach of the Peace where:
-A Breach of Peace has been committed and it is reasonably believed that a renewal is threatened.
-BOP is committed in their presence
-Reasonable believe BOP will be committed in the immediate future (where BOP has not yet been committed)
Common Outcome/Possibility for Arresting for BOP?
Police can release a person without further action when the risk of breach no longer exists.
Record in ePNB
What is a bind over
-A person cannot be fined/imprisoned for Breach of Peace
-But court can bind over a person (keep the peace for so long -e.g. 12 months).
-A person who fails to comply with a bind over can be sentenced to 6 months imprisonment or lose their surety (down payment)
Drunk and Incapable in any Highway - S.12 Licensing Act 1872
Every person found drunk and incapable in any highway or other public place (building or not or any licensed premises) shall be liable to a penalty.
Define Emergency
circumstances ware are likely to cause:
-Injury to or the serious illness (including mental illness) of a person.
-Serious harm to the environment (including life of plant/animals)
-Serious harm to any building or other property
-Worsening of any injury, illness or harm
-Likely to cause death of person.
Causing Nuisance or Disturbance on NHS Premises - S.119 Criminal Justice and Immigration Act 2008
Summary offence: Level 3 fine
Without reasonable excuse, causes a nuisance or disturbance to an NHS staff member.
How to deal with drunk and incapable
-Take to hospital
-Get a friend or family to take them home
-Don’t arrest for this (even though you can)
Drunkenness in a Public Place (aka Drunk and Disorderly) - S91(1) Criminal Justice Act 1967
Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Summary only offence
Points to Prove for Drunkenness in a Public Place
1) Suspect was drunk
2) Suspect was in a public police
3) guilty of disorderly behaviour
Carroll v DPP [2009]
lANHAM V rICKWOOD [1984]
R v Taff [2001]
Proper phrasing for Drunkenness
“person has drunk intoxicating liquor to an extent which affects self-control”
Define Public Place - Drunkenness in a Public Place - S.91 Criminal Justice Act 1967
Any highway and any other premises or place which at the material time the public have or are permitted to have access, whether on payment or otherwise.
Disorderly behaviour - Drunkenness in public place
-Disorderly must occur before arrest
-No objective test for disorderly and no intent needed.
Public Order Definition
No official definition - absence of order.
Harassment, Alarm or Distress SENTENCING - S.5 Public order Act 1986
Summary Only - Level 3 Fine
Section 5 Public Order 1986 Summary
A remark was a one-off occurrence, the victim was not on their own/isolated and the overall effect is minor in nature.
Not targeted, might be swearing in no one in particular but must be in the presence of someone else, one of the lowest offencecs.
S.5 Public Order Defences
-He had no reason to believe any person within hearing/sight would feel harassed, alarmed or distressed.
-He was inside the dwelling and had no reason to believe those words/behaviour/writing/sign would be visible outside that dwelling.
-Conduct was reasonable
Harassment, Alarm or Distress - S.5 Public order Act 1986
5 (1) A person is guilty of an offence if he…
(a) uses threateningor abusive words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threateningor abusive
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
Section 4A Public Order Act 1986
Intentional harassment, alarm or distress.
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he…
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress
Section 4(a) Public Order 1986 -Sentencing
Summary only - 6 month imprisonment and/or fine
Section 4(a) Public Order Act 1986 - Defences
-Conduct was reasonable
-Was inside a dwelling with no reason to believe the words/behaviour etc would be heard/seen by a person outside the dwelling.
Fear or Provocation of Violence -S.4 Public Order Act 1986
‘A person is guilty of this offence if he…
uses threatening, abusive or insulting words or behaviour towards another person, or
b) distributes or displays to another person any writing sign or other visible representation which is threatening, abusive or insulting with intent…’
S.4 Public Order Act 1986 Sentencing
Summary only offence (specified offence) - 6 month imprisonment
Racially or Religiously Aggravated Public Order
This applies to Sections 4, 4A and 5
Section 5
Summary only - non-imprisonable and level 4 fine
Sections 4 & 4a
Either way offence
Summary - 6 months imprisonment and/or unlimited fine
Indictment - two years imprisonment and/or unlimited fine
Fear or Provocation of Violence Intention - S.4 Public Order Act 1986
Offence requires intent to cause immediate unlawful violence or provoke the immediate use of violence or the victim is likely to believe that such violence will be used.
Affray - S.3 Public Order Act 1986
A person is guilty of affray if he uses or threatens unlawful violencetowards another and his conduct is such as would cause aperson of reasonable firmnesspresent at the scene to fear for his personal safety.
Affray - S.3 Public Order Act 1986 Sentencing
Either way offence
Summary - six-month imprisonment and/or fine
Indictment - three years imprisonment
Affray Threat - Public Order Act 1986
-A threat cannot be made just by use of words alone.
-Needs conduct or actions as well
-Needs a person to be there, but not necessarily of reasonable firmness (average response to violence)
Violent Disorder - S.2 Public Order Act 1986
Where 3 or more persons who are present together use or threaten unlawfulviolenceand the conduct of them (taken together) is such as would cause aperson of reasonable firmnesspresent at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder
Violent Disorder - S.2 Public Order Act 1986 Sentencing
Either way offence
Summary - 6-month imprisonment and/or fine
Indictment - Imprisonment not exceeding 5 years and/or fine
Riot - S.1 Public Order Act 1986
Where 12 or more persons who are present together use or threaten unlawfulviolencefor a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot
Riot - S.1 Public Order Act 1986 Sentencing
Indictable only - 10 years imprisonment and/or fine
Charge is rare and requires the director of public prosecution permission.
Riot; Public or Private? - Public Order Act 1986
Can be private as well as in public
Power of Entry Public Order Act 1986
Officers have power of entry for sections 1-4 without a warrant.
Breach of the Peace also helps grant entry as a last resort
