Public Order Offences Flashcards
Can you be charged with wasting police time accidently?
No, to be found guilty of wasting police time you must have done so deliberately
What is the mens rea of ‘wasting police time’?
Knowledge that the story the accused has told is untrue.
How can a crime of wasting police time come about?
By making false accusations to the police or by giving information to the police which leads them to commence an investigation.
The defintion of breach of the peace narrowed to ‘serious disturbance’ and ‘severe enough’ because of what?
After the introduction of the ECHR the offence of BOP had to be narrowed to comply with Human Rights accordingly.
What is the actus reus of breach of the peace?
Behaviour which is severe enough to cause alarm to the ordinary person and threatens serious disturbance to the community.
What is the mens rea of breach of the peace?
Behaviour that you undertake is intentional regardless of whether the act was intentionally to breach the peace or not. It is sufficient that the act has ‘potential’ to breach the peace.
