Public Order Offences

Question 1

Breach of the peace

Answer 1

Allows police to arrest to prevent unlawful violence to people / property (r v howell)
Wide power but only allowed as long as action is proportionate
usually against protestors

Question 2

Public order act 1986

Answer 2

all offences listed under this
allows arrest in certain circumstances but prevents article 10 or 11 so must be proportionate

Question 3

Riot

Answer 3

s.1 POA 12 or more people, threatening or unlawful violence for common purpose

Question 4

Violent disorder

Answer 4

s.2 POA - 3 or more people

Question 5

Affray

Answer 5

s.3 POA - 1 person threatens violence, a person of reasonable firmness would fear for their safety - I v DPP

Question 6

Police powers in regards to protest

Answer 6

s.11 POA - notice of protest given to police first
s.12 POA: senior officers can impose conditions on protests
s.13 POA: Police commissioner can ban protest if conditions not enough
s.14 POA: Failure to comply with conditions is criminal offence

Question 7

Illegal forms of assembly - s.61 CJPOA

Answer 7

Removal of trespassers from land if they have been asked by landowner and refused - must have caused damage r threat or have 6 cars with them

Question 8

Illegal forms of assembly - s.63 CJPOA

Answer 8

removal from land if rave is happening (s.65 power to move on anyone within 5 mile radius)

Question 9

Illegal forms of assembly - s.68 CJPOA

Answer 9

aggravated trespass (attempt to disrupt or obstruct - DPP v Chivers), police have power to remove (s.69)

Question 10

Illegal forms of assembly s.73 CJPOA

Answer 10

Squatters can be removed if they have been asked to leave by legitimate residential occupier

Question 11

Illegal forms of assembly s.77-78 CJPOA

Answer 11

Unauthorised campers can be removed, included sleeping in car