Public Order Offences

Question 1

what are the two parts in breach of the peace

Answer 1

• Common law breach of the peace
• Statutory Offence of breach of the peace

Question 2

what are public order offences

Answer 2

Crimes target behavior which is offensive or has potential to become offensive

Question 3

what must be balanced in regards to public order offences

Answer 3

• balanced against freedom of speech/ expression per Article 10
• freedom of assembly per 11 of the ECHR
• not contravene Art 7(1) of the ECHR, people may be able to articulate ideas without being under threat

Question 4

what are the four criterias to be met in breach of peace

Answer 4

• Was the conduct offensive, annoying…?
• Did the conduct harm a person/ property
• Did the conduct pose a ‘threat’ or ‘risk’ of harm?
• Was there a criminal responsibility attached to the conduct?

Question 5

what was established in Smith v Donnelly

Answer 5

• what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community
• There has to be an objective consideration, what he was doing, was it going to put someone in genuine fear or disturbance?

Question 6

what constitutes as public alarm

Answer 6

• Context and circumstances of the behaviour are relevant
• The evidence and circumstances are viewed from the objective standpoint of the reasonable person observing the conduct

Question 7

case facts and what was held in Harris v HMA 2009

Answer 7

• Accused made veiled threats to the police officers at a police station – no breach of peace committed
• The offending conduct should cause or threaten disturbance to the public peace

Question 8

In what statute and act is the statutory breach of peace held

Answer 8

Criminal Justice and Licensing Act 2010, s.38

Question 9

When does a person commit an offence

Answer 9

• behaves in a threatning or abusive manner
• the behavior would have been likely to cause a reasonable person to suffer fear or alarm, and
• A intends by the behavior to cause alarm or fear or is reckless as to whether the behavior would cause fear or alarm

Question 10

what is important about the legislation of Criminal Justice and Licensing Act 2010, s.38

Answer 10

it overcomes the restrictions contained in Harris v HMA – requirement for a public aspect of the crime and a serious disturbance to the community

Question 11

what does the actus reus of public order offences consist off

Answer 11

The conduct must be threatening or abusive behavior that would be likely to cause a reasonable person fear or alarm

Question 12

what is the mens rea of public order offences

Answer 12

An intention to cause fear or alarm or recklessness regardless as to whether fear or alarm is caused by the particular behavior

Question 13

what defence may be available for public order offences

Answer 13

A statutory defence is available in s.38(2) of the 2010 Act where an accused can show that the behavior was, in particular circumstances, reasonable

Question 14

Case facts of Rooney v Brown

Answer 14

• he shouted, swore and uttered racial and sectarian threats of violence aggravated by racial and religious prejudice
• This was in a police car with two police officers present

Question 15

what was held in Rooney v Brown

Answer 15

• the remarks being shouted by the appellant were likely to cause a reasonable person to suffer fear or alarm
• It did not matter that the officers were not themselves in a state of fear or alarm. Other officers might have been so, so as might any member of the public who happened to overhear him’ - contrasts Harris v HMA

Question 16

case facts of Paterson v Harvie

Answer 16

• 3 accused persons appealed by stated case against conviction for behaving in a threatening and abusive manner, contrary to s.38
• Appeal argued it wasn’t enough if all that could be said was that the hypothetical reasonable person would have suffered fear or alarm – rejected

Question 17

what is the conduct under S39 Criminal Justice and Licensing Act 2010

Answer 17

A course of conduct carried out by a person and as a result the other person suffers fear or alarm

Question 18

what is the actus reus of the Statutory offence of Stalking

Answer 18

• Conduct must be on more than one occasion
• Must cause or intend to cause fear or alarm

Question 19

what is the mens rea of the Statutory offence of Stalking

Answer 19

• Where A engages in the course of conduct with the intention of causing B to suffer fear or alarm
• OR, where A knows, or ought in all circumstances to have known, that engaging in the course of conduct would be likely to cause B to suffer fear or alarm

Question 20

case facts of McBride v HMA

Answer 20

• Conduct was two separate occasions and against two different victims
• Each victim described ‘feeling terrified’

Question 20

what are the three conditions must be satisfied for the statutory offence of stalking

Answer 20

• The course of conduct must be conduct on at least two occasions
• Must be intention to cause fear or alarm or knowledge that your conduct would cause this
• Course of conduct must be in a way that it causes the victim to suffer fear or alarm

Question 21

what are the three defences for stalking under Statutory defences s.39

Answer 21

• Authorised by law
• Was engaged in the preventing or detecting a crime
• Was, in particular circumstances, reasonable