Public Order Offences (POA 1986 + CJPOA 1994)

Question 1

What articles are public order offences linked to, and why?

Answer 1

Links to A10 and A11. If people come together, constrains on freedom of assembly may constrain freedom of expression.

Question 2

Beatty v Gillbanks

Answer 2

Peaceful and lawful marchers could not be prevented from marching just because another group would oppose them and thus threaten peace. Therefore the authorities had to control the other group

Question 3

Public Order Act 1986

Sections 11,12,13,14

Answer 3

S11-Written notice, 6 days in advance, includes details of procession.

S12-If police officer reasonably believes 4 triggers will be satisfied, conditions can be imposed.

S13-Banning order if police officer reasonably believes S12 not sufficient.

S14-Same as S12 but for assemblies.
14(a)-allows application to prohibit assembly
14(b)-prevent organising/taking part in assembly
14(c)-prevent people going to prohibited assemblies.

Question 4

4 Triggers of POA 1986 S12

Answer 4

Public disorder
Damage to property
Disruption to life
Intimidation to others

Question 6

DPP v Baillie

Answer 6

D promoting festivals, handing out flyers. Police issued S14 notice, D did not comply and was convicted.

Court held there was not enough information about the event to determine whether 4 triggers were satisfied.

Question 7

Reid 1987

Answer 7

4 triggers should be interpreted strictly

D waved fingers. Not an ‘intimidation’

Question 8

S1 POA 1986

Answer 8

Riot
12+people
Threatening or using violence. Reasonable firmness test
10years

Question 9

S2 POA 1986

Answer 9

Violent disorder
3+ people
No common purpose
5yrs

Question 10

S3 POA 1986

Answer 10

Affray
No min number
Threatening unlawful violence
Reasonable firmness
3yrs

Question 11

S4 POA 1986

Answer 11

Fear or provocation of violence
Abusive or insulting words or behaviour
Must have intent to provoke

Question 12

S5 POA 1986

Answer 12

Covers harassment, alarm or distress

Must take place in hearing/sight

Question 13

DPP v Fiddler

Answer 13

Offence to shout at people attending abortion clinic and display images-s5 breach

Question 14

DPP v Clarke

Answer 14

Holding pictures of foetuses was held abusive and insulting. S4

Question 15

Norwood v DPP

Answer 15

Racially aggravated BNP poster-necessary to restrict A10

Question 16

S14A-C CJPOA 1994

Answer 16

Ban assemblies for 4 days within 5 mile radius of the specified area

Question 17

S14B CJPOA

Answer 17

Illegal to organise and participate in an assembly which breaches a banning order

Question 18

S61 CJPOA

Answer 18

Police can kick people off land if damage, threats/abusive language, or brought 6 vehichles on land

Question 19

S63 CJPOA 1994

Answer 19

Police can stop raves with loud music

Question 20

S68 CJPOA 1994

Answer 20

Aggravated trespass-hunt saboteurs or any trespasser disrupting lawful activity

Question 21

S69 CJPOA 1994

Answer 21

Police can direct trespassers who they reasonably believe will/have commit an offence off the land

Question 22

S60 CJPOA

Answer 22

If reasonably believe serious violence will occur in area, can authorise S&S for 24 hours

Question 23

S6 POA 1986

Answer 23

Mens rea-intent or awareness that they are abusive/threatening. if not acquitted