Public Order Law Flashcards
Breach of the peace is not a crime…
… But it carries a power of arrest
For which activities is violence NOT a requirement?
Public procession
Public assembly
Trespassory assembly
Aggravated trespass
Harassment, alarm or distress
Obstruction of the highway
Rave
For which five activities is violence a required element?
- Riot
- Violent disorder
- Affray
- Fear and provocation of violence
- Breach of the peace
How has the human rights act affected the interpretation of police powers?
Protests should be permitted as long as they don’t cause violence
How must organisers give notice of a public procession?
In writing to a police station, at least six days in advance, giving the date, time, route, and the names of the organisers. It is an offence not to do so
If the chief officer of police reasonably believes that standard powers won’t be sufficient to prevent serious public disorder at a procession, what can they do?
They can apply to the local council for an order prohibiting the holding of all public possessions in the district, or part of a district, for a maximum of three months. The secretary of state for home affairs must consent
If the chief officer of the police reasonably believes that trespassory assembly is intended, what might they do?
Apply to the council of the district for an order prohibiting all trespassory assemblies in the district, and the secretary of state for home affairs must consent
The police may do anything that is reasonable to prevent a breach of the peace, including:
Power to ban a procession
Power to disperse an assembly
Power to enter private premises
Power to detain people
Power to prevent people travelling
Power to remove, provocative, signs or emblems
Under s 1 of POA, what are the five elements of a riot?
- 12 or more persons present together
- Use or threaten unlawful violence to persons or property
- For a common purpose
- Cause a person of reasonable firmness present at the scene to fear for their safety
- Using unlawful violence for a common purpose
The common purpose doesn’t have to be pre planned, but the people must support each other in the purpose
Under s 2 of POA, what are the three elements of violent disorder?
- Three people present together
- Use or threaten unlawful violence against persons or property
- Cause a person of reasonable firmness present at the scene to fear for their safety
Two defendants could not be convicted of violent disorder, because there must be at least three persons using or threatening violence, but they could be convicted of affray
Under s 3 of POA, what are the three elements of affray?
- One or two persons acting together
- Use or threaten unlawful violence against persons (can’t be words alone)
- Cause a person of reasonable firmness present at the scene to fear for their safety
This offence envisages at least three people, the person committing the offence, their victim and a bystander
Under s 4 of POA, what are the elements of fear or provocation of violence?
A person must be subjected to:
Threatening, abusive or insulting words or behaviour
Threatening, abusive or insulting, writing, sign or other visible representation
There must be an intent:
To cause that person to believe that unlawful violence will be used against them
To provoke the immediate use of unlawful violence
Provocation of violence need not be instantaneous, but there must be proximity in time and causation
Under section 137 of the highways act, what is obstruction of the highway?
Wilful obstruction of the highway, including the pavement, without lawful excuse is an offence
Protests involving small numbers of people on the highway are lawful as the highway is not actually blocked and there is a right to protest
Under section 5 of the POA, what are the elements of harassment, alarm or distress?
A person must use:
Threatening, abusive or insulting words or behaviour
Threatening, abusive or insulting, writing, sign or other visible representation
Disorderly behaviour
Words or behaviour must be within the hearing or sight of a person likely to be caused harassment alarm or distress
Under section 68 of the CJ POA, what is aggravated trespass?
When someone trespasses on land with the intent to disrupt, obstruct or intimidate those engaged in a lawful activity
Under the section 89 of the police act, what is obstruction of a police officer?
When a person refuses the reasonable direction of a police officer who is legitimately trying to prevent a breach of the peace, they commit the offence of obstruction
Duncan v Jones: The defendants were convicted for refusing to disperse a public meeting when a police officer asked
What are public order offences?
Criminal offences specifically designed to control public order
What are the minimum numbers required for public order offences in order to trigger police powers?
Two people for public assembly and affray
Three people for violent disorder
12 people for riot
20 people for trespassory assembly and rave
What are the requirements for a restriction on a trespassory assembly?
- The order must not exceed four days or 5 mile radius from specified centre
- The organisers and those taking part are committing an offence, and the police may stop people proceeding to a trespassory assembly
It is essential to prove that there is a trespass
What conditions can be placed upon an assembly if the senior officer of the police believes it will result in serious public disorder or disruption?
Conditions on the place the assembly is held, its maximum duration, or maximum number of people. It is an offence to disobey police conditions
What conditions may the senior officer of police impose on a procession if they believe may result in serious public disorder or disruption?
Conditions on the route or restrictions on entering any public place
What four enforcements are there for breach of the peace?
- Arrested without charge
- Bound over to keep the peace
- Prosecuted for obstruction of a police officer
- Prosecuted for obstruction of the highway
What happens if the defendant refuses to be bound over?
They can be imprisoned for up to six months
What is a breach of the peace?
Breach of the peace involves violence or threat of violence, and includes provoking others to violence
What is a public assembly?
A stationary demonstration of two or more people in a public space, which is wholly or partly open to the air
What is a public procession?
A moving demonstration of more than one person moving along a route to which the public has access or any highway
What is a rave?
- Gathering of 20 or more persons on land in the open air without an entertainment license (If it’s in a building, they must be trespassers)
- Amplified music is played during the night
- The loudness and duration of music is likely to cause serious distress to the inhabitants of the locality
What is a trespassory assembly?
- An assembly of 20 or more persons on land in open air
- Held on land to which the public has no or only a limited right of access for a particular purpose, and the occupier won’t have given permission
- May result in serious disruption to the life of the community
- May result in significant damage to the land, buildings, or monuments of specific importance
What is binding over?
When a magistrate or judge orders a defendant to refrain from a certain specified conduct for a particular period of time. It is a civil remedy, but with a criminal standard of proof
What is the difference between the police powers over processions and individual assemblies?
There is no power to ban all assemblies in the district, unlike with processions
What must the prosecution prove for aggravated trespass?
That the defendants are not just trespassing, but are engaged in acts to disrupt the lawful activity
What powers do the CJ and POA give police with regards to raves?
- Police superintendent can disperse a rave and stop persons travelling to a rave within 5 miles of the boundary of a rave site
- Police have the power to the seize vehicles and sound equipment
What requirements must be met for binding over?
- The court must be satisfied that a breach of the peace has occurred, and that there is a real risk of violence in the future
- The courts must identify the specific conduct or activity from which the individual must refrain
- The order should not exceed 12 months and the defendant can be asked to pay a specific sum if they break the order
When can the senior officer of police give directions or conditions to the organisers of a public procession?
When they reasonably believe that the procession may result in:
- Serious public disorder
- Serious damage to property
- Serious disruption to the life of the community
- The purpose of the organisers is to intimidate others
When do the police retain the power to detain people because of a breach of the peace?
If there is evidence that there could be violence
When is written notice of a public procession not required?
- If it is not reasonably practicable to do so
- If it is a common or customary event, or a funeral
When may the freedom to right of expression be restricted?
For the prevention of disorder or crime
When might the police need to act before the violence occurs in breach of the peace?
When they have honestly and reasonably formed the opinion that there is a real risk of a breach of the peace in close proximity in place and in time
When might the senior officer of police give directions or conditions to the organisers of a public assembly?
If they reasonably believe that the assembly may result in:
- Series public disorder
- Serious damage to property
- Serious disruption to the life of the community
- Purpose of the organisers is to intimidate others
Which four sources can Public order law be found in?
- Public Order Act (POA)
- Criminal Justice and Public Order Act (CJPOA)
- Human Rights Act (HRA)
- ECHR
Why are processions and marches more strictly regulated than a public assembly or static demonstration?
Because they are thought to be a more serious threat to public order
