Public Order Flashcards
What is a TPIM - Terrorism and Investigation Measure
Terrorism Prevention and Investigation Measure are a civil preventative measure, issued s. 2 of the Terrorism and Investigation Measures Act 2011, which are intended to protect the public from the risk posed by suspected terrorists who can neither be prosecuted nor in the case of foreign nationals deported. They impose restrictions intended to prevent or disrupt their engagement in terrorism related activities.
What is the power of entry and search around a TPIM
Section 24 gives effect to sch 5. The schedule provides for powers of entry, search, seizure and retention in a number of scenarios relating to TPIM. These include “without a warrant” the power to search without warrant for the purpose of serving the TPIM, finding the individual on whom the notice is to be served. The power to search para 6 at the time of serving. Ascertaining whether there is anything in the premises that contravenes measure specified by the notice. The power to search para 7 for someone suspected of absconding. Ascertaining whether a person has absconded or if there is anything on the premises which will assist in the pursuit or arrest. Power to search para 8 for compliance purposes. Determining whether an individual in respect to whom the TPIM is in force is complying
How long does a section 42 - direction to leave last
Where a direction has been given under s. 42 of the criminal justice and Police Act 2001, an offence is committed where a person who is subject to a direction to leave the vicinity, returns within a period of up to three months.
What is a section 42 of the Criminal Justice and Police Act 2001
This I a power to direct someone to leave from the vicinity of any premises that are used by an individual as a dwelling.
And the constable believes that the presence of a person amounts or is likely to result in harassment or is likely to cause slam or distress
How can a direction to leave be given.
A direction to leave can be given orally and where a constable is entitled to give a direction under this section to each of several persons he may give the direction to all by notifying them of the requirements orally.
What is article 10 of the human rights act?
The freedom of expression, to hold opinions. This includes the creation of pictures and images
Section 11 of the public order act places certain obligations on organisers of public procession that are intended to …..
Demonstrate support for, or oppose to, the views or actions of anyone; to publicise a cause or campaign or to mark or commemorate an event
What must organisers do if a public procession is to be held to publicise an event, campaign, demonstrate or commemorate an event?
They must give written notice and must specify the date and time of the proposed procession the proposed route and the name and address of the person proposing to organise it.
What is the exception of public procession is to be held to publicise an event, campaign, demonstrate or commemorate an event?
Does not apply to commonly and customarily held processions, for example, an organised cycle ride that started at the same time and place on the last Friday of every month even though there was no fixed settled or predetermined route end time or destination.
When can you arrest for a breach of the peace
A person can arrest any person who is commuting a breach of the peace. Or he / she reasonably believes will commit a breach of the peace in the immediate future. Or someone who has commuted a breach of the peace where it is reasonably believed that a recurrence of the breach of the peace is threatened.
What is a breach of the peace
When an act is done or an act is threatened to be done which harms a person, harms in a persons presence their property
Is likely to cause such harm
Puts someone in fear of such harm
Is there a requirement to show a breach of the peace inside a premises affected those outside
No - stated case
Can you stop people travelling to certain locations under a breach of the peace
Yes in exceptional circumstances where there is an imminent threat to public order
When can you arrest for breach of the peace
When a person is breaching the peace
Where there is a belief that they will commit a breach of the peace in the immediate future
Where they have committed a breach of the peace and there is reasonable belief that a re-occurrence is threatened
What are the 4 pre conditions for breach of the peace
- Clearest of circumstances or a real and present threat
- Threat must come from the person arrested
- The conduct must interfere with another’s rights
- Conduct must be unreasonable
