Unit 4 Lesson 1 Crimes Of Disorder

Question 1

Define breach of the peace? And give its essential elements.

Answer 1

Breach of the peace is a crime at common law and is constituted by one or more persons conducting himself or themeselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people AND threaten serious disturbance to the community.

1) Crime at common law
2) it can be committed by one or a number of people
3) the conduct of the person or persons must be riotous or disorderly
4) the conduct must be severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

Question 2

What is s38 of The Criminal Justice and Licensing (Scotland) Act 2010

Answer 2

Creates an offence for any person to:-

• Behave in a threatening or abusive manner
• where the behaviour is likely to cause a reasonable person to suffer fear or alarm and
• the person behaving in such a manner intends the behaviour to cause fear or alarm or,
• is reckless as to whether the behaviour would cause fear or alarm

NB
can be committed anywhere
can be committed against a single person

Question 3

Give a defence for a s38 offence

Answer 3

Person charged can show that the behaviour exhibited was reasonable in the particular circumstances

Question 4

What powers do police have for Breach of the peace and s38 Criminal Justice Licensing (Scotland) Act 2016

Answer 4

Punishable by imprisonment.

Consider using power and arrest under s1.

For BOP in minor classes you could use discretion:

• warn culprit
• issue a fixed penalty notice
• report for summons
• arrest

Question 5

What is section 127 of the communications act 2003

Answer 5

Subsection A

A person is guilty of an offence if they:-

i) send by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or mean acting character or;
ii) causing any much message or matter to be sent.

Subsection B

A person is guilty of an offence if for the purpose of causing annoyance, inconvenience or needless anxiety to another, they:-

i) send my means of a public communications network, a message that he knows to be false
ii) causes such a message to be sent; or
iii) persistently makes use of a public electronic communications network.

Question 6

What laws are there in relation to hoax 999 calls

Answer 6

S 1-4 Emergency workers (Scotland) Act 2005

Chapter 7 of the Fire (Scotland) Act 2005

These statutes cover instances from ‘prank calling’ the emergency services to lying with malicious intent to prevent a service from being available.

Question 7

Police powers for section 127 and hoax 999 calls?

Answer 7

Punishable by imprisonment so consider using powers under s1.

Question 8

What is section 39 of the Criminal Justice and Licensing (Scotland) Act 2010?

Answer 8

Creates the offence of stalking. It provides than an offence is committed where a person engages in a course of conduct (At least 2 occasions) where either:-

• the conduct is intended to cause fear or alarm OR
• the person ought to have known the conduct, in all circumstances would cause fear or alarm (recklessness)
  AND
• it does in fact cause the victim to suffer fear or alarm

Question 9

Defences for s39

Answer 9

Show that the course of conduct was reasonable in the circumstances

Question 10

Police powers in relation to s39

Answer 10

Punishable by imprisonment. Consider using section 1 powers