Public Order

Question 1

Who makes Common Law?

Answer 1

Judges

Question 2

Where can a Breach of The Peace Occur?

Answer 2

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.

Question 3

Breach of the Peace definition

Answer 3

“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”

Question 4

“Whenever HARM is Done or Likely to be done To a Person in Their Presence to Their Property” (Breach of Peace)

Answer 4

-Harm can be physical or emotional damage
-A person must be present and observes/reasonably expects harm to their property

Question 5

Public Nuisance definition

Answer 5

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.

Question 6

Power of Arrest (Breach of Peace)

Answer 6

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)

Question 7

Common Outcome/Possibility for Arresting for BOP?

Answer 7

Police can release a person without further action when the risk of breach no longer exists.
Record in ePNB

Question 8

What is a bind over

Answer 8

-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)

Question 9

Drunk and Incapable in any Highway - S.12 Licensing Act 1872

Answer 9

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.

Question 10

Define Emergency

Answer 10

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.

Question 11

Causing Nuisance or Disturbance on NHS Premises - S.119 Criminal Justice and Immigration Act 2008

Answer 11

Summary offence: Level 3 fine

Without reasonable excuse, causes a nuisance or disturbance to an NHS staff member.

Question 12

How to deal with drunk and incapable

Answer 12

-Take to hospital
-Get a friend or family to take them home
-Don’t arrest for this (even though you can)

Question 13

Drunkenness in a Public Place (aka Drunk and Disorderly) - S91(1) Criminal Justice Act 1967

Answer 13

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

Question 14

Points to Prove for Drunkenness in a Public Place

Answer 14

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]

Question 15

Proper phrasing for Drunkenness

Answer 15

“person has drunk intoxicating liquor to an extent which affects self-control”

Question 16

Define Public Place - Drunkenness in a Public Place - S.91 Criminal Justice Act 1967

Answer 16

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.

Question 17

Disorderly behaviour - Drunkenness in public place

Answer 17

-Disorderly must occur before arrest
-No objective test for disorderly and no intent needed.

Question 18

Public Order Definition

Answer 18

No official definition - absence of order.

Question 19

Harassment, Alarm or Distress SENTENCING - S.5 Public order Act 1986

Answer 19

Summary Only - Level 3 Fine

Question 20

Section 5 Public Order 1986 Summary

Answer 20

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.

Question 21

S.5 Public Order Defences

Answer 21

-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

Question 22

Harassment, Alarm or Distress - S.5 Public order Act 1986

Answer 22

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.

Question 23

Section 4A Public Order Act 1986

Answer 23

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

Question 24

Section 4(a) Public Order 1986 -Sentencing

Answer 24

Summary only - 6 month imprisonment and/or fine

Question 25

Section 4(a) Public Order Act 1986 - Defences

Answer 25

-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.

Question 26

Fear or Provocation of Violence -S.4 Public Order Act 1986

Answer 26

‘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…’

Question 27

S.4 Public Order Act 1986 Sentencing

Answer 27

Summary only offence (specified offence) - 6 month imprisonment

Question 28

Racially or Religiously Aggravated Public Order

Answer 28

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

Question 29

Fear or Provocation of Violence Intention - S.4 Public Order Act 1986

Answer 29

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.

Question 30

Affray - S.3 Public Order Act 1986

Answer 30

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.

Question 31

Affray - S.3 Public Order Act 1986 Sentencing

Answer 31

Either way offence
Summary - six-month imprisonment and/or fine
Indictment - three years imprisonment

Question 32

Affray Threat - Public Order Act 1986

Answer 32

-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)

Question 33

Violent Disorder - S.2 Public Order Act 1986

Answer 33

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

Question 34

Violent Disorder - S.2 Public Order Act 1986 Sentencing

Answer 34

Either way offence
Summary - 6-month imprisonment and/or fine
Indictment - Imprisonment not exceeding 5 years and/or fine

Question 35

Riot - S.1 Public Order Act 1986

Answer 35

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

Question 36

Riot - S.1 Public Order Act 1986 Sentencing

Answer 36

Indictable only - 10 years imprisonment and/or fine
Charge is rare and requires the director of public prosecution permission.

Question 37

Riot; Public or Private? - Public Order Act 1986

Answer 37

Can be private as well as in public

Question 38

Power of Entry Public Order Act 1986

Answer 38

Officers have power of entry for sections 1-4 without a warrant.
Breach of the Peace also helps grant entry as a last resort