Week 5: Public Order Offences

Question 1

Define perjury.

Answer 1

Giving evidence which one knows to be false during judicial proceedings

Question 2

Define subornation of perjury

Answer 2

Inducing someone to commit perjury

Question 3

Define breach of the peace.

Answer 3

Behaviour which is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community, where the accused intentionally does the act which causes, or has the potential to cause a public disturbance.

Question 4

What are the two remaining public order offences?

Answer 4

Stalking and behaving in a threatening or abusive manner.

Question 5

30. Smith v Donnelly 2001 SCCR 800

Answer 5

• Lied on the road outside Faslane
• Argued that the definition of breach of the peace was so braod that it contradicted Art. 7 of the ECHR
• Court disagreed, suggesting instead that the definition of the offence of breach of the peace is sufficiently precise enough that it in no way contradicts Art 7 of the ECHR

Question 6

31. Jones v Carnegie; Tallents v Gallagher 2004 JC 136

Answer 6

• Five bench decision
• interaction of articles 10 and 11 of ECHR
• Same circumstance as the above mentioned case; lying on the road outside Faslane
• Another concerned the interruption of the proceedings of the Scottish Parliament

Question 7

32. Harris v HM Advocate

Answer 7

• Stated to police officers while in the course of their duty that he knew personal details and details which concerned their families.
• Did not constitute a charge of breach of the peace
• The conduct must affect the public peace