Public Order

Question 1

Breach of the peace originates from what?

Answer 1

Common law

Question 2

What do powers relating to breach of the peace allow you to do?

Answer 2

detain someone until likelyhood of reoccurence had gone OR put them before the next available court so they can be ‘bound over’ to keep the peace

Question 3

Do you need to caution someone before detaining them under breach of the peace?

Answer 3

It is not a requirement however it is best practice

Question 4

Who can be arrested for breach of the peace?

Answer 4

anyone committing breach of the peace, or who the constable reasonably believes will commit a breach of the peace in the immediate future, or who had committed breach of the peace and it is reasonably believed that reoccurence is likely

Question 5

Do you have power of entry to prevent or arrest someone for breach of peace?

Answer 5

Yes

Question 6

What is the penalty for breach of the peace?

Answer 6

A recognisance (with or without sureties ) to keep the peace OR be of good behaviour in the future

Question 7

What is the penalty if a person refuses to be bound over?

Answer 7

Up to 6mths imprisonment

Question 8

What case defined who could be arrested for breach of the peace?

Answer 8

R v Howell 1981

Question 9

What is public disorder?

Answer 9

disruptive behaviour which deprives others of the peace and quiet to which they are entitled

Question 10

Disorderly Conduct:

Answer 10

Section 5 Public Order Act 1986

Question 11

Section 5 Public Order offence:

Answer 11

Disorderly conduct: a person is guilty of an offence if they use threatening or abusive words, or behaviour, or display any writing sign or other visible representation which is threatening or abusive … within the hearing or sight of a person likely to be caused harrassment, alarm of distress (HAD)

Question 12

Define harassment

Answer 12

repeated verbal/physical persecution

Question 13

Define alarm

Answer 13

a frightened anticipation of danger

Question 14

Define distress

Answer 14

to cause anguish, hardship, trouble or pain

Question 15

Do you have power of entry to arrest for a Section 5 Public Order offence?

Answer 15

No

Question 16

What are the statutory defences for Section 5 public order?

Answer 16

Not guilty if they had no reason to believe someone within view or hearing would be caused HAD OR they were in a dwelling and believed no-one would see/hear OR their conduct was reasonable

Question 17

Intentional HAD:

Answer 17

Section 4A Public Order Act 1986

Question 18

Section 4A Public Order offence:

Answer 18

A person is guilty of an offence if, intending to cause another person HAD, they either use threatening abusive or insulting words or behaviour or disorderly behaviour or display writings, signs or other visible representation which is threatening abusive or insulting, thereby causing that or another person HAD ***can take place in public or private but not in a dwelling where the person caused HAD is also inside a dwelling

Question 19

What type of offence is Section 4A public order?

Answer 19

SUMMARY - 6mths

Question 20

What must be proved for a Section 5 Public order offence?

Answer 20

persons around were likely to be offended/caused HAD

Question 21

What must be proved for a Section 4A Public Order offence?

Answer 21

Statement from victim to prove HAD (else consider dealing with the suspect under Section 5 Public Order)

Question 22

What are the statutory defences for Section 4A Public Order?

Answer 22

the conduct was in a dwelling and the person had no reason to believe it would be seen or heard by a person outside that or another dwelling

Question 23

Fear of Provocation of Violence:

Answer 23

Section 4 Public Order Act 1986

Question 24

Section 4 Public Order offence

Answer 24

A person is guilty of an offence if he uses towards another person threatening abuse or insulting word or behaviour or distributes or displays to another person any writing, sign, or visible representation whit is threatening, abusive or insulting … with intent to cause that person to believe that immediate unlawful violence will be used against them or another by any person OR to provoke the immediate use of unlawful violence by that person or another OR whereby that person is to believe that such violence will be used against them OR it is likely such violence will be provoked ***can take place in public or private but not in a dwelling

Question 25

What type of offence is Section 4 Public Order?

Answer 25

SUMMARY - 6mths

Question 26

Do you have power of entry to arrest for a Section 4 public order offence?

Answer 26

Yes

Question 27

Racially/Religiously Aggravated Offences:

Answer 27

Section 28 Crime and Disorder Act 1998

Question 28

Section 28 Crime and Disorder Act 1998

Answer 28

An offence is racially or religiously aggravated if at the time of committing the offence, or immediately before or after doing so, the offender demonstrates toward the victim hostility based on the victims membership (or presumed membership) of a racial or religious group

Question 29

What are the offences related to Section 28 Crime and Disorder Act 1998?

Answer 29

MAINLY:
Section 31 Crime and Disorder 1998
Section 4, 4A and 5 Public Order Act 1986
ALSO:
Section 3 - Affray
Section 2 - Violent Disorder
Section 1 - Riot