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NIE > Public Order > Flashcards

Public Order Flashcards

1
Q

A breach of the peace is committed when ____ is done or _____ to a person, or in the presence of a person ____ is done or is ______ to be done to _____, or when a person is __ ____ of being _____ through ____, ____ or other _____

A 
harm   likely
harm   likely
property
in fear 
harmed
assault
riot
disturbance
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2
Q

Can a person be arrested before committing a breach of the peace?

A

Yes, if it is reasonably believed that they will commit one in the immediate future

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3
Q

Any person, A, may arrest B where B is __________ in the presence of ___,
or where A _____ ____ such a breach of the peace will be committed in the ___ ___ by B, although no breach has yet occurred,
or where B has committed a breach of the peace and A ___ ____ there is a ____ it will ____ ____

A

committing a breach of the peace A
reasonably believes immediate future
reasonably believes danger begin again

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4
Q

Where can a breach of the peace take place?

A

Anywhere, public or private

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5
Q

An arrest by A for B’s breach of the peace can be lawful when the breach ___________, or the _____ of a breach or its ______ is both ____ and _____

A 
occurred in her presence
threat
renewal
real
imminent
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6
Q

Can police enter private premises to make an arrest for breach of the peace, or to prevent an offence?

A

Yes, under common law, as long as they leave within a reasonable time if there is no further reason to remain

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7
Q

Public Order Act 1986 s1

A

Riot

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8
Q

Public Order Act 1986 s2

A

Violent Disorder

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9
Q

Public Order Act 1986 s3

A

Affray

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10
Q

Public Order Act 1986 s4

A

Fear or provocation of violence

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11
Q

Public Order Act 1986 s4A

A

Intentional harassment, alarm, or distress

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12
Q

Public Order Act 1986 s5

A

Non-intentional harassment, alarm, or distress

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13
Q

When is intoxication a possible defence for a Public Order Act offence?

A

if it can be proved that intoxication:

  • was not self-induced; or
  • was due to prescribed drugs as part of a medical treatment
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14
Q

Which POA offences mainly are in public places?

A

s4, s4A, and s5.
Exceptions include:
- communal areas eg laundry room of flats
- when conduct inside is visible from a public street outside

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15
Q 
POA s5
Title?
Intentions?
Recipient?
Material?
Outcome?
A
  • Non-intentional harassment, alarm, or distress
  • intend or be aware that conduct is threatening or abusive in general
  • no recipient, but must be in hearing or sight of a person likely to be caused harassment, alarm, or distress
  • No distribution, only display
  • No specific outcome
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16
Q 
POA s4A
Title?
Intentions?
Recipient?
Material?
Outcome?
A
  • Intentional harassment, alarm, or distress
  • Intends to be threatening, abusive, or insulting
  • Doesn’t need specific target
  • No distribution, only display
  • An identifiable person must be harassed, alarmed, or distressed
17
Q 
POA s4
Title?
Intentions?
Recipient?
Material?
Outcome?
A
  • Fear or provocation of violence
  • Intends to cause fear of violence or to provoke violence
  • Aimed at specific person
  • Includes distribution of material
  • No specific outcome required to prove this offence
18
Q

Defences for POA s5 offence

A
  • in public but had no reason to believe anyone could see/hear conduct
  • inside a dwelling and had no reason to believe anyone could see/hear
  • conduct was reasonable eg shouting at people committing crime
19
Q

Can s5 offence be aggravated?

If so, how?

A

Yes, racially or religiously

20
Q

A s4 POA offence suspect must intend to ____ another to believe that ____ ____ _____ will be used by ____;

or to provoke the ___ ____ of ____ ___;

or to cause that person to ____ it is _____ violence will be ____ or ____

A

cause immediate unlawful violence anyone

immediate use unlawful violence

believe likely used provoked

21
Q

A person commits affray (s__) if they ____ or _____ unlawful ____ towards another and their conduct would cause a person of ___ ____ present at the scene to ____ for their _____ _____.

A

s 3
use threaten violence
reasonable firmness fear personal safety

22
Q

How many people must be present for an offence of violent disorder (s__) ?

A

3+ people present together and they use or threaten unlawful violence, with intention or awareness
s2

23
Q

Number of people present for a riot offence?

A

12+ people for a riot

24
Q

Parties involved in an affray

A
  • Individual making threats
  • Person subject to threats
  • one or more bystanders
25
Q

Can damage of property contribute to a charge of affray?

A

No, only use or the threat of unlawful violence

26
Q

Using threatening words or behaviour, or displaying written material, inciting hatred is covered by which offence?

A

Racial - s18

Religious/sexual orientation - s29B

27
Q

Publishing or distributing written material inciting hatred is covered by which offence?

A

Racial - s19

Religious/sexual orientation - s29C

28
Q

Public performance of a play inciting hatred is covered by which offence?

A

Racial - s20

Religious/sexual orientation - s29D

29
Q

Distributing, showing, or playing a recording inciting hatred is covered by which offence?

A

Racial - s21

Religious/sexual orientation - s29E

30
Q

Broadcasting threatening images or sounds inciting hatred is covered by which offence?

A

Racial - s22

Religious/sexual orientation - s29F

31
Q

Possessing racially inflammatory material inciting hatred is covered by which offence?

A

Racial - s23

Religious/sexual orientation - s29G

32
Q

What are possible defences of inciting hatred offences?

A
  • part of a programme service
  • took place in a private place and were not noticeable in public
  • suspect was not fully awarer of possible effects
33
Q

RAPLEY and LAWSON attack HARVEY in a street. RAPLEY punches HARVEY several times in the face and when he falls to the floor, LAWSON kicks HARVEY in the stomach. During the attack, RAPLEY and LAWSON are heard to shout ‘Take that Rasta!’ towards HARVEY (HARVEY is a Rastafarian). RAPLEY is arrested in connection with the attack and although CCTV identifies LAWSON and shows that he is also responsible for the attack with RAPLEY, he is never arrested.

Which of the following comments is correct in relation to the offence of violent disorder (contrary to s. 2 of the Public Order Act 1986) and racially and religiously aggravated offences (under the Crime and Disorder Act 1998)?

A

D. The offence of violent disorder has not been committed in these circumstances.

Section 3 of the Public Order Act 1986 states that where 3 or more persons (not 2 so answer A is incorrect) 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. Violent disorder is not an offence that can be racially or religiously aggravated (answer C is incorrect). You would not count the victim of the attack as part of the three persons (answer B is incorrect).

34
Q

MALKIN has a long running dispute with his neighbour HOLLYOAKE. After a heated argument one evening MALKIN decides to get revenge on HOLLYOAKE by smashing a greenhouse in HOLLYOAKE’s back garden. MALKIN stands in his own back garden and uses a mobile phone to call his neighbour. When HOLLYOAKE answers the phone MALKIN says, ‘Look out of your back window!’. HOLLYOAKE looks out of the window and as he does so, MALKIN leans over the garden fence separating the two houses and smashes several panes of greenhouse glass with a hammer

Does MALKIN commit the offence of affray (contrary to s. 3 of the Public Order Act 1986)?

A

D. No, affray does not include conduct towards property

A person is guilty of an offence of affray under s. 3 of the Public Order Act 1986 if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. An affray can be committed in public and private (answer B is incorrect). Answers A and C are incorrect because no affray is committed - the use or threat of violence must be directed towards a person and not property (correct answer D).

35
Q

PC BLANCHFIELD is on uniform foot patrol when she sees an argument taking place in the front garden of a house between CUTHBERT and HOLLIDAY. As PC BLANCHFIELD gets closer to the pair, CUTHBERT approaches the officer and says that HOLLIDAY walked into his front garden and started an argument with him.

In what circumstances, if any, could PC BLANCHFIELD arrest HOLLIDAY for a breach of the peace?

A

A. If PC BLANCHFIELD reasonably believes a breach of the peace will be committed in the immediate future by HOLLIDAY (although no breach of the peace has occurred at that stage).

A breach of the peace can take place anywhere, private or public, so answer D is incorrect.
Answer B is incorrect as an arrest for a breach of the peace can take place in a number of circumstances. Any person (A) may arrest any person (B) where:
• (B) is committing a breach of the peace in the presence of (A); or
• where (A) reasonably believes such a breach of the peace will be committed in the immediate future by (B), although no breach has occurred at that stage; or
• where (B) has committed a breach of the peace and (A) reasonably believes there is a danger it will begin again.
The last arrest situation involves a belief on the part of the person arresting not a suspicion so answer C is incorrect.

36
Q

BEETON is an 80 year-old pensioner who has an allotment where he grows vegetables. BEETON has been having problems with the anti-social behaviour of GERRARD who owns the allotment plot next to BEETON; this has led to BEETON complaining to the police about GERRARD’s behaviour on several occasions. Due to the minor nature of the anti-social behaviour, the police have not taken any action against GERRARD. SWIFT (BEETON’s daughter-in-law) contacts you and asks that the incidents BEETON has complained about be reviewed by the police (via the community trigger system) as she is concerned by the fact that no action has been taken as a result of the repeated reporting on anti-social behaviour by GERRARD.

In relation to the community trigger system, which of the following comments is correct?
A. Only BEETON can make the formal request for the anti-social behaviour incidents to be reviewed, as he was the person making the complaints about anti-social behaviour.

B. A reviewing body will determine whether a certain threshold has been reached (usually two complaints over a three month period).

C. BEETON or SWIFT (acting on BEETON’s behalf) can formally request that the anti-social behaviour incidents be reviewed by the police.

D. A reviewing body will determine whether a certain threshold has been reached (usually four complaints over a twelve month period).

A

Answer A is incorrect as the community trigger system allows victims of anti-social behaviour or another person acting on their behalf (for example SWIFT) to formally request that anti-social behaviour incidents be reviewed by the police and local councils (or other relevant bodies). They will then determine whether a certain threshold has been reached, usually three complaints over a six-month period (so answers B and D are incorrect).

37
Q

Affray charges are for what kind of situation?

A

When it’s unclear who started it/who’s in the right

38
Q

KITCHINGHAM and POTTER live next door to each other and have fallen out over the level of noise made by KITCHINGHAM playing music loudly. The two are in their respective rear gardens when KITCHINGHAM sees POTTER walk towards a shed carrying several boxes - KITCHINGHAM realises that POTTER has not seen a garden rake on the floor and is going to tread on it but does not say anything. POTTER treads on the rake and screams in pain (although the injury to his foot is a minor bruise and not serious). KITCHINGHAM laughs at this and POTTER responds by shouting ‘You’ll regret that! I’ll be round in a minute or two to give you a slap!’ intending and causing KITCHINGHAM to fear violence and believe he is going to be struck by POTTER.
Considering the law regarding common assault (contrary to s. 39 of the Criminal Justice Act 1988) only, which of the following comments is correct?

A. No offences of common assault (by threat or battery) would be committed in these circumstances.
B. Only KITCHINGHAM commits an offence (by omitting to tell POTTER about the rake).
C. Only POTTER commits an offence (when he threatens KITCHINGHAM).
D. KITCHINGHAM commits an offence (by omitting to tell POTTER about the rake) and POTTER commits an offence (when he threatens KITCHINGHAM).

A

An offence of common assault (threat) cannot be committed by an omission, meaning that KITCHINGHAM does not commit an offence and ruling out options B and D. An assault is defined as any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence - when considered as a ‘threat’ the threat does not have to be instantaneous and a threat to cause injury in ‘a minute or two’ would suffice, meaning that POTTER commits an offence of assault (eliminating answer A and making C correct).

NIE (13 decks)

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