Public order offences Flashcards
What is there a close connection of within public order, and what does it aim to do
There’s a close connection between Art 10 (freedom of expression) and Art 11 (freedom of assembly), which public order aims to balance between both
What was the original public order act
Public order Act 1986
What act amended POA1986
Police, crime, sentencing and courts act 2022
What is s.11 of the PCSC 2022
- Police must be given a 6 days notice before a procession, if not it can result in a criminal offence although prosecutions are rare
What are the two defences to s.11
a. march deviated from original plan and organiser did not suspect it
b. deviate from original plan and organiser could not control it
What does s.12 of PCSC 2022 say
- Police can impose conditions if find them being necessary to do so, only where triggers may be triggered (6)
What is an example of conditions which police can impose
- Number of protestors
What are the 6 triggers in s.12
1) Serious public disorder
2) Serious property damage
3) Serious disruption to community
Last 2 triggers relate to
4) Noise - disrupts activities of an organisation
5) Noise - causes harassment, alarm, distress
What example does the PCSC act provide as to what might amount to serious disruption to life of community
- Delay to time-sensitive product
(e.g ambulance)
What case established triggers are not easily triggered
Reid
What does s.13 state on marches/processions
Banning order/Blanket ban
- can only be imposed by Home Secretary, and where they believe to will lead to serious public disorder if not banned
What does s.16 state
- Police can impose condition son meeting/assemblies where they are held wholly or partly in the open air
What does s.14 PCSC state
- To impose conditions now use same six triggers as for s.12
What is the Public Order Act 2023 aim
- Aimed a limiting nuisance/distruption caused to general public by protests
What does s.1-2 of POA 2023 look at
- Locking on or coming equipped to lock on
AR : attaching yourself, another an object to a person, object or land
MR : Intent to cause serious disruption
What can ‘serious disruption’ be classed as under S1-2
Disruption to
- Construction
- Day to day activities
What does a.14 A-C state (Criminal Justice and Public order Act 1994)
Law on trespassory assemblies
- 20 or more people
- area where there is no/limited right of access
Case which goes with S.14 A - C
DPP v Jones
- non obstructive and peaceful therefore police actions were disproportionate
What’s another case other than DPP v Jones which shows police being disproportionate
Laporte
- bus
What is a S.5 public order offence (POA 1986)
- Causing harassment, alarm or distress
What’s a case where there was a conviction of a s.5 PO offence
DPP v Fiddler
(Held signs or aborted babies)
What case showed a S.4 PO offence
DPP v Clarke
- aggressive and grabbing women alongside holding abortion photos
What is a s.4A
Intentional harassment alarm and distress
What case shower police can be victims too
DOO v Orum
What is S.2 violent disorder
- 3 or more people
- do not have to be acting for a common purpose
What case showed legal for police to hold people in an area for a prolonged time
Austin
