Public Order Offences Flashcards
What is the primary role of police during crowd situations?
DPP v Gribble - “All police have the power, authority and duty to prevent crime, protect persons from injury or death”
What is the function of the NSW Police Force according to law?
Police Act 1990 - Section 6(3)(b) - “the protection of persons from injury or death, and property from damage, whether arising from criminal acts or in any other way”
What is a ‘breach of the peace’?
R v Howell - A ‘breach of the peace’ includes:
- Whenever harm is actually done to a person
- Whenever harm is likely to be done to a person
- When in a person’s presence harm is done to a persons property
- When a person is in fear of being so harmed through assault
What power do police have to give directions?
LEPRA - Section 197 - (1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person: (a) is obstructing persons/traffic, (b) behaviour constitutes harassment/intimidation, (c) behaviour is causing fear, (d) is unlawfully supplying prohibited drugs, or (e) is obtaining prohibited drugs
What limitation applies to the exercise of police powers in relation to public order?
LEPRA - Section 200 - Police not authorised to give directions relating to: (a) industrial disputes, (b) genuine demonstrations, (c) processions, or (d) organised assemblies
EXCEPTION: not precluded if belief on reasonable grounds that direction is necessary to deal with serious risk to safety -
Exception does not apply to industrial disputes
What is a ‘Riot’?
Crimes Act - Section 93B - R v Asquith:
(1) Where 12 or more persons, (2) who are present together and (3) use or threaten unlawful violence for a common purpose and (4) the conduct of them taking together would cause a person of reasonable firmness at the scene to fear for their personal safety
What is an ‘Affray’?
Crimes Act - Section 93C:
(1) A person who uses or threatens unlawful violence towards another and (2) whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety - Three parties include: person using violence, person towards whom violence is direct, person of reasonable firmness
What are the differences between a ‘riot’ and an ‘affray’?
- Riot must include 12 or more persons
- Affray can only be one person
- Riot is towards persons and property
- Affray is towards persons
- Affray cannot be words alone
How is ‘violence’ defined?
Crimes Act - Section 93A - Violence means any violent conduct so that: (a) except in relation to affray, includes violent conduct towards property as well as violent conduct towards persons, and (b) it is not restricted to conduct causing injury or damage but includes any other violent conduct (e.g. Throwing a missile at a person but missing them)
What is ‘Violent disorder’?
Summary Offences Act - Section 11A:
(1) If three or more persons present together (2) use or threaten unlawful violence and (3) the conduct of them taken together would cause a person of reasonable firmness present at the scene to fear for their own safety
What are the differences between an ‘affray’ and ‘violent disorder’?
- Affray only requires one person, violent disorder requires three
- Affray must be directed towards a person, violent disorder may be directed to persons, property and other conduct
- Words alone cannot constitute an affray, can constitute violent disorder
- Affray is indictable, violent disorder is a summary matter
Is self-defence available?
Yes - All public order offences refer to “unlawful” violence and so an act done in self-defence is not “unlawful”
What power of entry applies to a breach of the peace?
LEPRA - Section 9 - (1) A police officer may enter premises if believes on reasonable grounds that: (a) a breach of the peace is being/likely to be committed and it is necessary to enter immediately to end/prevent breach, or (b) a person has suffered significant physical injury/imminent danger of significant injury and it is necessary to enter to prevent further physical injury
