Public Order Related Offences

Question 1

Define the Queen’s peace

Answer 1

The Queen’s Peace has been defined as, ‘Public peace and good order, the preservation of which Her Majesty’s subjects may expect to be maintained so that they may live their lives without undue interference from others’

Question 2

Define a breach of the peace

Answer 2

The case of R v Howell 1981 defines breach of the peace as where an act is done or threatened:

a) Which harms a person or, in their presence, their property.
b) Which is likely to cause such harm, or
c) Which puts someone in fear of such harm.

Question 3

What are the powers of arrest under Breach of the Peace?

Answer 3

Any person may arrest without warrant any person:

• Who is committing a breach of the peace.
• Who they reasonably believe will commit a breach of the peace in the immediate future; or
• Who has committed a breach of the peace, and it is reasonably believed a renewal is threatened.

This is an any person power and is different from the powers under Section 24 and 24A of PACE 1984.

Question 4

What two purposes does an arrest for breach of the peace have?

Answer 4

1. Prevent a breach of the peace – once the breach has been prevented there is no requirement to send the person to court if it is decided that things are now sufficiently calm and that a further breach is unlikely. This could be achieved simply by taking the offender away from the scene until they have calmed down.
2. Place before magistrates – if the behaviour is such that it is believed necessary to place them in front of a magistrate; then they may be arrested for this purpose.

Question 5

Define Section 5 of the POA 1986

Answer 5

(1) A person is guilty of an offence if he:
(a) Uses threatening or abusive words or behaviour, or disorderly behaviour,
Or
(b) Displays any writing, sign or other visible representation which is threatening or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Section 5 of the POA 1986 is triable summarily only, with the maximum penalty being a fine.

Question 6

What is a visible representation be under Section 5 of the POA 1986?

Answer 6

A visible representation could be a letter, poster, pamphlet, or similar containing words and/or images. It must be displayed, which effectively means it must be on view to the public.

Question 7

There are three defences to a charge against Section 5 of the Act, what are they?

Answer 7

a) That the defendant had no reason to believe that anybody could hear or see their words or behaviour.
b) That the conduct was inside a dwelling and could not be seen or heard by anyone outside of that or another dwelling.
c) That his behaviour was reasonable.

Question 8

Define Section 4A Public Order Act 1986

Answer 8

A person is guilty of this offence if, with intent to cause a person harassment, alarm or distress he:

a. Uses threatening abusive or insulting words or behaviour, or disorderly behaviour, or
b. Displays any writing, sign or other visible representation which is threatening, abusive, or insulting; thereby causing that or another person harassment, alarm or distress.

A Section 4A offence is summary only, with a maximum of six months imprisonment. The

Question 9

What are the two possible defences for the offence under Section 4A Public Order Act 1986?

Answer 9

A) That the conduct was inside a dwelling and could not be seen or heard by anyone outside of that or another dwelling.

B) That the conduct was reasonable.

Question 10

Define Section 4 of the Public Order Act 1986

Answer 10

a. Uses towards another person threatening, abusive or insulting words or behaviour; or
b. Distributes or displays to another person, any writing , sign, or other visible representation 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 to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

The Section 4 POA offence is summary only with 6 months imprisonment.

Question 11

Define Section 3 POA 1986 offence

Answer 11

A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Affray is an indictable offence triable either way with a maximum penalty of 6 months on summary conviction and 3 years upon indictment.

Question 12

Can affray be committed in private?

Answer 12

Affray can be committed in public or private and there is no defence of being inside a dwelling.

Question 13

What are the points to prove for affray?

Answer 13

• Uses or threatens unlawful violence.
• Towards another.
• Would cause a person of reasonable firmness present at the scene to fear for his personal safety’

Question 14

Define Drunk in a public place - Section 12 of the Licensing Act 1872

Answer 14

… Any person found drunk in a highway or other public place, whether a building or not, or any licensed premises commits an offence.

The offence is triable summarily

The offence of being drunk in a public place is often referred to as “drunk and incapable” , whilst the actual offence wording relates simply to being drunk, police action is usually limited to those individuals who are too drunk to look after themselves and may come to some harm without police intervention.

Question 15

Define Drunk and disorderly contrary to Section 91(1) of the Criminal Justice Act 1967

Answer 15

“An offence for any person who whilst drunk in any public place to be guilty of disorderly behaviour.”

The offence is triable summarily.

Question 16

Define ASB

Answer 16

The Anti-social Behaviour, Crime and Policing Act 2014 defines anti-social behaviour as:

‘Conduct that caused or was likely to cause harassment, alarm or distress to any person’

Question 17

Anti-social behaviour can take many forms including:

Answer 17

• Street crime, such as begging and prostitution.
• Neighbour hood issues, such as excessive noise, harassment and intimidation, cleanliness, and parking issues.
• Pet related issues such as dog fouling.
• Environmental issues such as graffiti, criminal damage, abandoned vehicles,
  littering and fly tipping.

Any one of these issues, or a combination of them can have a marked effect on individuals and communities.

Question 17

Anti-social behaviour can take many forms including:

Answer 17

• Street crime, such as begging and prostitution.
• Neighbour hood issues, such as excessive noise, harassment and intimidation, cleanliness, and parking issues.
• Pet related issues such as dog fouling.
• Environmental issues such as graffiti, criminal damage, abandoned vehicles,
  littering and fly tipping.

Any one of these issues, or a combination of them can have a marked effect on individuals and communities.

Question 18

What is a CBO?

Answer 18

The Criminal Behaviour Order (CBO) is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling the most serious and persistent offenders where their behaviour has brought them before a criminal court.

Question 19

What is an ABC?

Answer 19

Acceptable Behaviour Contracts (ABC) – An ABC is a voluntary contract between the offender who is engaging in anti-social behaviour and the agency concerned (police, local authority, etc.). The behaviour could range from playing loud music, to minor criminal offences such as graffiti, vandalism, disorderly behaviour and substance abuse. The offender agrees in the contract to abide by certain conditions; failure to do so is not an offence but may provide evidence for an ASBO. ABCs are usually used in the early stages of an individual’s offending history. Although ABCs are often used with juveniles an ABC can be drawn up with any person who is engaging in anti-social behaviour.

Question 20

What are Parenting Contracts?

Answer 20

Sections 19 and 25 of the Anti-Social Behaviour Act 2003, allows for agencies, such as education authorities, to enter into contracts with parents/carers of offending children involved in ASB or truancy. The purpose is to allow the authority to work closely with the parents/carers to deal with the offending behaviour and provide clear guidelines on what is expected by both sides. This may include support such as attendance at meetings regarding the child or counselling as well as laying down guidelines for attendance at school. The parenting contract may also include undertakings to supervise the child and keep the child out of trouble and even impose a voluntary curfew. The contract itself will contain examples of the behaviour that is being addressed and the undertaking made by both sides to address the undesired behaviour.

The Youth Offending Team (YOT), comprising of members of the police, local authority and other agencies will generally be involved in engaging with the parents, drawing up the contract and monitoring the contract through regular meetings.

Question 21

What power does Section 50 of the Police Reform Act 2002 give to Police officers?

Answer 21

This is a power to require the names and addresses of those suspected of behaving in an anti-social manner.

Section 50 (1) of the Act states that if a constable in uniform:-
‘Has reason to believe that a person has been acting, or is acting, in an anti-social manner (within the meaning of Section 1 of the Crime and Disorder Act 1998) he may require that person to give his name and address to the constable.’

The Act also makes it an offence when any person:

• Fails to give his name and address when required to do so, or
• Gives a false or inaccurate name or address in response to a requirement.

This is summary only offence.

This section of the Police Reform Act is useful when dealing with reports of youths gathering and causing ASB which is causing harassment, alarm or distress to the local community, but where no criminal offences have been committed.

Question 22

What power does Section 59 of the Police Reform Act 2002 – Anti-social use of vehicles give to Police officers?

Answer 22

This power deals with individuals causing harassment, alarm or distress by the manner of their driving, on or off road.

Where a constable in uniform:
‘Has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes Section 3 or 34 of the Road Traffic Act 1988. (Section 3 RTA 1988 - careless and inconsiderate driving and Section 34 RTA 1988 - prohibition of off-road driving), These offences are covered in more detail in Workbook 10 Road Policing 2.
And is causing, or is likely to cause, alarm, distress or annoyance to members of the public, he/she shall have the powers set out as follows below:

If the motor vehicle is moving, to order the person driving it to stop the vehicle.

• Power to seize and remove the motor vehicle.
• For the purposes of exercising the powers above, enter any premises on which there are reasonable grounds for believing the motor vehicle to be. ‘Premises’ are any buildings or land excluding a private dwelling house (i.e. a structure in which someone is living). However a garage or other structure attached to a private dwelling house, and the land around it may still be entered under Section 59(9.)
• Power to use reasonable force, if necessary, in the exercise of any powers above.