Public Order, Processions and Assemblies

Question 1

What is a breach of the peace?

Answer 1

Any person who does or threatens an act which…

• harms a person
• in their presence harms their property
• likely to cause such harm
• causes them to fear such harm
• there is a power of arrest (by force) and detention/intervention and can be used in PUBLIC OR PRIVATE
• a person arrested can be detained until they are brought to court or there is no further likelihood of a reoccurrence of the breach
• if a BOP takes place in a private premises there is no requirement to show a member of the public OUTSIDE is effected but the presence of at least one will be relevant to if the offence is made out
• police have ANTICIPATORY powers to restrict movement if a BOP is anticipated but only if a threat is IMMINENT. Timing is everything and if it is still some time off happening you cannot restrict them
• if there is no other means to prevent a breach, innocent members of the public can be swept up with offenders causing the breach/potential breach in order to prevent it happening and sort out who is involved after (such as taking in while groups at mass demonstrations)

Question 2

What is the power of arrest for BOP?

Answer 2

Any person (constable or otherwise) has a COMMON LAW POWER OF ARREST WHERE

• a BOP has occurred in their presence
• they believe a BOP has occurred and is threatened to happen in the future
• a BOP has occurred otherwise what in their presence
• they believe a BOP will be committed in the IMMEDIATE future

Question 3

What is the offence of riot?

Answer 3

• 12 or more persons
• present together
• use or threaten unlawful violence
• cause a person of reasonable firmness present to fear for their safety
• THE PERSONS WHO USE VIOLENCE ARE GUILTY OF AN OFFENCE
• the use or threats to violence need not all be at the same time
• all persons MUST use violence (or at least be aware their conduct was violent) but not necessary threaten it
• the common purpose does not need to be unlawful in itself (just all agreeing to go somewhere is enough) but the rest of the elements must be present

Question 4

What is unlawful violence?

Answer 4

Apart from AFFRAY, it is any violent conduct to persons or property. It does not need to include harm or damage but throwing something could suffice

Question 5

What is the offence of violent disorder?

Answer 5

Where 3 or more persons…

• use or threaten unlawful violence
• when their conduct is taken together
• would cause a person present of reasonable firmness to fear for their safety
• THOSE USING VIOLENCE WILL BE GUILTY OF AN OFFENCE
• they need not all be doing this simultaneously
• no person of firmness need be present (hypothetical person will suffice)
• it can be completed in public or private
• if there is evidence against 3+ people and 2+ are acquitted the final defendant can still be prosecuted. However, if it is not proved that are at least 3 persons using/threatening violence all should be acquitted
• where 3+ people are gathered and they are using the intended violence/threats, it does not matter if they are doing so for the same reason. Their presence with the requisite intent and actions means they could all have completely different agendas and not even know each other

Question 6

What is the offence of affray?

Answer 6

A person is guilty of an offence…

• if the my use or threaten unlawful violence towards another
• conduct would cause a person of reasonable firmness present to fear for their safety
• where 2 or more persons use or threaten violence their conduct will be considered together
• the offence is not complete with only words used
• no person of reasonable firmness need actually be present BUT the threat/violence must be directed at someone. Where a threat is made in a place where no other person is or could be (or the chance is very low) there will not be an offence
• you can use something else to cause the threat such as a dog
• threatening damage to property rather than a person does not count
• this can be committed in public or private

Question 7

What is the offence of fear or provocation of violence?

Answer 7

Any person who…

• uses towards another threatening, abusive or insulting words or behaviour
• displays or distributes anything which is threatening, abusive or insulting
• with intent to cause that person to believe that immediate unlawful violence will be used against them or another BY ANY PERSON
• or provoke immediate unlawful violence by them or another
• or whereby that person is likely to believe that such violence will be used against them or provoked
• this can be committed in public or private but not when BOTH persons concerned are in a DWELLING
• the offence can be completed by the use of the words or behaviour with the required intent even if the person directed against does not believe it
• a dwelling includes vehicles, vessels, tents and caravans BUT NOT GARDENS

Question 8

When is an offence racially or religiously aggravated?

Answer 8

If an offence is committed and…

• immediately before
• during
• immediately after

…committing the offence, the offender demonstrates towards the victim hostility based on their membership or presumed membership of a racial or religious group

OR

The offence is motivated (wholly or partly) by such membership or presumed membership

• religious group includes atheists or people who do not believe

Question 9

What is the offence or intentional harassment alarm or distress?

Answer 9

Any person who…

• with intent to cause harassment, alarm or distress
• uses threatening, abusive, insulting or disorderly
• words or behaviour
• or displays anything with such description

…thereby CAUSING harassment, alarm or distress

• the timescales between when the harassment/alarm/distress are caused and the act done does not matter
• police officers are eligible for the offence
• directing racial terms towards someone who was not the victim of the offence will not turn this into a racially aggravated offence
• posting a letter with the relevant intent/words will not complete the offence (mal-coms)
• there is a defence that the person reasonably believes that he is inside a dwelling and the words or behaviour used would not be seen or heard by anyone outside that dwelling

Question 10

What is the offence of harassment, alarm or distress?

Answer 10

Any person who…

• uses threatening, abusive or disorderly words or behaviour
• displays anything of such a description
• within the hearing or sight of someone likely to be caused harassment, alarm or distress
• using words such as “your fucking Islam” will not make this an aggravated offence but a poster with “illegal immigrant murder scum” will
• you only need to show that the words or behaviour or images were threatening, abusive or disorderly, not that it produced a definite result
• there needs to be someone within hearing or sight for the offence to be complete
• you can commit the offence in a public or private place but not in a DWELLING and the other person is also in a DWELLING
  , that no other recoils reasonably hear or seen them or that the conduct was reasonable

Question 11

What is the offence of causing a nuisance on an NHS premises?

Answer 11

Any person who…

• without reasonable excuse makes a nuisance of themselves or disrupts the work of an NHS worker on an NHS premises
• refuses without reasonable excuses refuses to leave an NHS premises
• is not on an NHS premises for treatment or advice for THEMSELVES
• they cease to be on an NHS premises if they are refused treatment IN THE LAST 8 HOURS or advice or after it is finished being dispensed
• under this offence a constable or authorised officer has the power to remove them from the premises if the are committing or have committed an offence