Public Order Flashcards
Public disorder is characterised by what?
Disruptive behaviour which deprives others of the peace and quiet to which they are entitled.
Therefore, it includes a wide range of scenarios and perceived nuisances.
Maintaining a democratic, orderly and cohesive society governed by the rule of law is at the very heart of Robert Peel’s British Model of Policing.
Nine principles of policing were defined, known as what?
The ‘Peelian Principles’
One of these principles was that the police should “prevent crime and disorder, as an alternative to their repression by military force and severity of legal punishment”.
To this day, when police officers are attested in their role, they take an oath, that they will “uphold fundamental human rights and … cause the peace to be kept and preserved and prevent all offences against people and property…”.
Public disorder, as relevant to the Public Order Act 1986, occurs for a variety of reasons ranging from…
Small scale domestic disagreements (which may escalate into incidents that negatively affect a neighbourhood) to protests (which may have begun legitimately and peacefully but which escalate into rioting).
What Human Rights Act Articles relate to Public Order and/or protests?
Human Rights Act 1998
Article 5: The right to liberty and security
Article 9: Ability to form our own ideas, thoughts and religious convictions.
Article 10: The freedom of expression.
Article 11: Freedom of peaceful assembly and association.
Articles 9, 10 and 11 are often taken together to mean ‘a right to peaceful protest’.
This has now become common lexicon amongst the Police and Public alike, but we should know that there is actually no such right per se. For any public demonstration, protest or rally the rights of the wider community must be considered and a balance struck.
One of the fundamental duties of an officer is the preservation of ‘The Queen’s Peace’, which can be described in terms of what?
The normal state of peace and tranquility which citizens are entitled to expect, in an ordered society.
A breach of the peace is committed when?
Harm is done to a person or when harm is likely to be done to a person.
In the presence of a person, harm is done to their property.
Whenever a person is in fear of being harmed through assault, riot, disturbance.
When there is a breach of this peace or when a breach is imminent, common law gives all citizens (not just police officers) powers to do what?
Arrest or use such force as is reasonable against the person committing the breach.
When there is a breach of this peace or when a breach is imminent, common law gives officer entitlement to do what?
Enter either private or public premises to make an arrest for a breach of the peace, or to prevent such a breach.
Powers of arrest and entry for breach of the peace
Any person (including a police officer) can arrest :-
Where a breach of the peace is committed by the person arrested in the presence of the person making the arrest;
OR
Where the person making the arrest reasonably believes that such a breach will be committted in the immediate future by the person whom he arrested;
OR
Where a breach of the peace has been committed by the person arrested and the person making the arrest reasonably believes that renewal of it is threatened.
must be both REAL and IMMINENT.
Under common law is an officer entitled to enter either private or public premises to make an arrest for the breach of peace?
Yes, although once the breach has come to an end the officer should not remain on private premises and should leave within ‘reasonable time’.
If assaulted during this time = assault of a police officer in the lawful execution of their duty.
If unreasonable time spent = presence unlawful = might not be protected under criminal law (Robson v Hallet [1967])
What happens after an arrest for breach of peace?
Officer can release a person without further action when it is deemed the risk of a breach no longer exists.
OR
(s 3(2)(c) of the Prosecution of Offences Act 1985)
CPS may decide that further action is needed to reduce the risk of another breach. The person will appear before a magistrates court, which can issue a binding-over order which can refer to general terms of protection, or it can be more specific by naming people.
Order can require the person to keep the peace for a specified times and/or enter the recognisance for a specified sum (financial penalty if brought back after any subsequent breaches).
The Public Order Act 1986 defines a variety of public order offences. The key offences are what/
Note that the offences range in order of severity from most severe (section 1) to least severe (section 5):
- Riot
- Violent Disorder
- Affray
- Fear or provocation of violence
4a. Intentional harassment, alarm or distress - Non-intentional harassment, alarm or distress
There is a subtle difference between each of the offences in The Public Order Act 1986 and you need to study this section carefully to fully understand it. In particular, for each offence, pay attention to:
what behaviour is required (words / actions / signs / representations etc)?
what intention is required (is a specific intent required)?
what outcome is required (does anyone need to be present, if so, what effect on them is required)?
where can the offence be committed?
what defences are available?
Section 1 of the Public Order Act 1986
Riot
Where 12 or more persons who are present together…
use or threaten unlawful violence for 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.
Section 2 of the Public Order Act 1986
Violent Disorder
Where 3 or more persons who are present together…
use or threaten unlawful violence…
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 or threatening unlawful violence is guilty of violent disorder.
