public order

What is a ‘breach of the peace’ as stated in R v Howell

There is a breach of the peace wherever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed though assault, an affray, a riot, unlawful assembly or other disturbance

What can happen if a person disturbs the peace

Not a criminal offence - magistrates court can bind over the offender to keep the peace for a defined period of time

If the offender does not keep the peace during this time the magistrates court can the issue a criminal sanction (fine/custodial sentence)

What can the police do when dealing with a breach of the peace

• Try to resolve without using one of their common law powers

• Use common law powers of arrest & detain when anyone is committing the offence or they have reasonable cause to believe its about to happen - only lawful when its imminent, not after its happened

• Use common law powers of entry (enter a property without a warrant) to stop/prevent when they reasonably believe a breach is being committed or it is about to be

Case examples for breach of the peace

• Steel v Uk - imprisoned for walking front of a persons gun at a goose shoot

Held: arrest was lawful & didn’t breach A5, 10, 11

• Mengesha v Met Police Commissioner - containment of people to prevent a breach was lawful, the retention of the names, addresses’, & photographs was not

What is the definition of trespass to land

An unjustifiable interference with land which is not in the immediate & exclusive possession of another

What is the definition of criminal damage in s1 Criminal Damage Act 1971

A person who without lawful excuse destroys or damages any property belonging to another either with intent or being reckless as to whether any such property would be destroyed or damaged

What does s61 Criminal Justice & Public Order Act 1994 allow

Allows police to direct trespassers from land after the occupier has asked them to leave without success where they have damaged the land, threatened the occupier, or have more than 6 vehicles on the land

Failure to leave & any return within 3 months is an offence - police then have power to seize the vehicles

What is aggravated trespass in s68 Criminal Justice & Public Order Act 1994

Intimidating, obstructing or disrupting people carrying out a lawful activity

Case example for aggravated trespass

Bauer v DPP - protestors in a store made customers intimidated

Their conduct didnt need to be unlawful as long as it intimidated, obstructed or disrupted a lawful activity

What does s70 Criminal Justice & Public Order Act 1994 allow

Allows police to prohibit a temporary assembly on private land if its without the permission of the occupier & could result in disruption or damage to a site of historical or scientific importance

What are th offences sunder the Public Order Act 1986

• Riot

• Violent disorder

• Affray

• Fear or provocation of violence

• Harassment, alarm or distress

What is riot under s1

12 or more people use or threaten violence for a common purpose & their conduct would cause a person of reasonable firmness present to fear for his personal safety

max sentence of 10 years

What is violent disorder under s2

3 or more people use or threaten violence & their conduct would cause a person of reasonable firmness present to fear for his personal safety

max 5 year sentence

What is affray under s3

A person uses or threatens violence & that conduct would cause a person of reasonable firmness present to fear for his personal safety

max 3 year sentence

What is fear or provocation of violence under s4

A person:

1. Uses threatening, abusive or insulting words against another person; or

2. 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 him or another

Or to provoke the immediate unlawful violence by that person or another

Max 6 month sentence

Case example for fear or provocation of violence

Lewis v DPP - protestors outside an abortion clinic displayed placards including one graphic depiction of an aborted foetus

Held: constitutes abusive and insulting behaviour

What is harassment, alarm or distress under s5

1. Uses threatening words or (disorderly) behaviour

2. displays any writing, sign or visible representation which is threatening within the hearing or sight of a person likely to be caused ‘’ thereby

No proof of intent or actual ‘’ caused needed, only that the act took place within the hearing or sight of a person likely to be caused ‘’

Max fine

What is intent to cause harassment, alarm or distress under s4A

With intent to cause a person ‘’, D:

1. Uses threatening, abusive or insulting words or (disorderly) behaviour

2. displays any writing, sign ot other visible representation which is threatening, abusive or insulting → causes ‘’

Max 6 month sentence

Case example for harassment, alarm or distress

Harvey v DPP - police attempted to lawfully search D, he objected & used the f word several times

no evidence ‘’ was caused by his words, convicted on the basis that he used the words where people were nearby

Appeal: must be evidence the words were spoken within the hearing of a person likely to be caused ‘’ by them

What are the conditions on public processions under s12

The police can impose conditions on a public procession if:

A senior officer reasonably believes it may result in serious public disorder, serious damage to property or serious disruption to the life of the community