Crowd Control & Public Order

Question 1

Primary role of Police during crowd situations?

Answer 1

• Maintain Public Order
• Keep the peace
• Take all reasoanble steps to prevent & end breaches of peace
• Protect persons/property

Question 2

DPP v Gribble?

Answer 2

s6 Police Act, Functions of Police.

All Police have power to prevent persons from injury or death.

Question 3

What is a breach of the peace? Case? FLAP

Answer 3

R v Howell

• Fear of being harmed, through assault, affray riot, unlawful assembly or other disturbance
• Likely to be harmed
• Actual harm done to
• Persons presence, harm done to that persons proprety.

Question 4

Riot section and penalty, offence?

Answer 4

93B Crimes Act, 15 years.
12 or more people present together
- use/threaten unlawful violence for a COMMON PURPOSE
- and conduct of them taken together is such as would cause person of reasonable firmness present at scene to fear for his her safety.

Question 5

How many persons for riot?

Answer 5

12 +

Question 6

Is Riot towards persons or property?

Answer 6

Both

Question 7

Can Riot be done in private?

Answer 7

Yes

Question 8

For Riot, does the use/threaten to use unlawful violence need to ocurr sumultaneously? Section?

Answer 8

No, 93B (2).

Question 9

Is the notional bystander required to be present for a Riot?

Answer 9

No, 93B (4).

Question 10

Can violence be towards property?

Answer 10

Yes

Question 11

Affray section, penalty, offence

Answer 11

93C Crimes, 10 years

• A person who uses or threatens unlawful violence towards another
• and conduct such that person of reasonable firmness present fear for person safety.

Question 12

Can words alone constitute a threat for an affray?

Answer 12

no, 93 C (3).

Question 13

What happens if 2 persons are involved in an affray?

Answer 13

93C (2), their condcut taken together must be considered for purpose of (1).

Question 14

Notional bystander present for affray?

Answer 14

No, 93 C (4).

Question 15

Affray in private?

Answer 15

Yes 93C (5).

Question 16

What is affray designed to do?

Answer 16

Protection of the bystander i.e the Public.

Question 17

Three distinct parties for an Affray?

Answer 17

Offender;
Person whom threat/violence directed to;
Notional bystander of reasonable firmness. norton

Question 18

Violent Disorder section, offence, penalty?

Answer 18

11A Summary Offences, 6 months.

• If 3 or more persons who are present together
• use or threaten unlawful violence
• conduct of themtaken together is such that person reasonable firmness fear for their safety.

Question 19

Can Affray be towards property?

Answer 19

No

Question 20

Is violent disorder towards person or property?

Answer 20

Both

Question 21

Violent disorder public or private?

Answer 21

Both

Question 22

Mental Element for Riot? Section?

Answer 22

93 D (1)
Person guilty of Riot if they INTEND to use violence or IS AWARE that their conduct may be violent.

Question 23

Mental Element for Affray?

Answer 23

93 D (2)
Person guilty of Affray if they INTEND to use or threaten violence, or IS AWARE that conduct may be violent or threaten violence.

Question 24

For Riot and Violent disorder do all persons need to be charged to make out the offence?

Answer 24

No, it is enough to prove the required amount of persons were present.

Question 25

For Riot and Affray, do need to prove that each person could be convicted of the offence?

Answer 25

No, just that they were present, and their conduct together would make person reasonable firmness fear for safety.

Question 26

Mental Element for violent disorder?

Answer 26

11A (5), INTEND or IS AWARE, same as affray.

Question 27

S9 LEPRA?

Answer 27

Power to enter in emergencies. - Breach of Peace - Codifies breach of peace ideas. May enter if BELIEVES ON REASONABLE GROUNDS - (1) - (a) Breach peace is courring, immininent or likely or (b) Someone suffered significant physical injury, or risk of, and entry required to prevent injury. (2) Can only remain as long as reasonably necessary in circumstances. (limitation)

Question 28

197 LEPRA?

Answer 28

Move on. Direction in PUBLIC PLACE, if BELIEVES on reasonable grounds; - Obstruction - Harrassment/intimidation person reasonable firmness - Cause fear - Supply drugs - Buying drugs

Question 29

197 (2)?

Answer 29

direction must be reasonable in circumstances to a) Reduce/eliminate obstruction, harrassment, intimidation b) Stop supply of drug c) Stop obtaining of drug.

Question 30

197 (3)?

Answer 30

Other person | Other person referred to in (1) need not be in public place, but nearby at relevatn time conduct engaged in.

Question 31

197 (4)?

Answer 31

for harrass/intimidate, person reasonable firmness need not be present.

Question 32

200 LEPRA?

Answer 32

Limitations on 197. (1) - Cant give direction for industrial dispute (2) - Genuine demonstration/protest - procession - organsied assembly

Question 33

200 (3)?

Answer 33

Not precluded from giving direction if BELIEVES on reasonable ground necesary to give direction to deal with serious risk to safety.

Question 34

200 (4)?

Answer 34

Not precluded form direction to protest, assembly etc if they are obstructing traffic (a) - Not authorised demonstration AND (b) Police Officer incharge of scene has authorised the directions AND (c) Directions limited to those obstructing traffic.

Question 35

For Violent disorder do person need to use/threaten unlawful violence simultaneously? Section

Answer 35

No, 11 A (2).