3 ways the offence of breach of the peace is committed?
- A breach of the peace is committed in the presence of the person making the arrest
- The arrestor reasonably believes that a breach of the peace will be committed in the immediate future by the person arrested
- A breach of the peace has been committed and it is reasonably believed that a renewal of it is threatened.
Define breach of the peace?
Where harm is actually done or is likely to be done to
- a person, or
- to his property in his presence, or
- a person is in fear of being so harmed through an assault, affray, riot, unlawful assembly or other disturbance
Define a riot (4 AR 1 MR)
AR -
- 12 or more persons
- Use or threaten unlawful VIOLENCE (need not be simultaneous)
- For a COMMON purpose
- And their conduct, taken together, is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety (no such person need actually be present at the scene)
MR - intent to use violence or awareness that conduct may be violent
Define a violent disorder (3 AR 1 MR)
AR -
- 3 or more persons
- Use or threaten unlawful VIOLENCE (need not be simultaneous)
- And their conduct, taken together, is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety (no such person need actually be present at the scene)
MR - intent to use or threaten violence or awareness that conduct may be violent or threaten violence
Define an affray (4 AR 1 MR)
- One or more persons
- Use or threaten unlawful VIOLENCE towards another
- By conduct other than words alone
- And his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety (no such person need actually be present at the scene)
MR - intent to use or threaten violence or awareness that conduct may be violent or threaten violence
Define the offence of causing fear or provocation of violence (2 AR 3 MR)
AR -
- Using threatening, abusive or insulting words or behaviour towards another person or
- Distributes or displays to another person any visible representation which is threatening, abusive or insulting
- And at least one party is outside a dwelling.
MR -
- Intent to cause V to believe that immediate unlawful violence will be used against him or another or
- Intent to provoke the immediate use of unlawful violence by V or another or
- Intent that his words, behaviour or other visible representation is threatening, abusive or insulting or
- Awareness that his words, behaviour or other visible representation MAY be threatening, abusive or insulting
Define the offence of causing intentional harassment, alarm or distress (3 AR 1 MR)
AR -
- Using threatening, abusive or insulting words or behaviour, or disorderly behaviour towards another person or
- Distributes or displays to another person any visible representation which is threatening, abusive or insulting
- And at least one party is outside a dwelling.
MR - Intent to cause harassment, alarm or distress
Two defences to the offence of causing intentional harassment, alarm or distress
- D was inside a dwelling and had no reason to believe that his words, behaviour or visible representation would be seen or heard by a person outside that dwelling
- D’s conduct was reasonable
Define the offence of harassment, alarm or distress (3 AR; 3 defences)
AR -
- Using threatening, abusive or insulting words or behaviour, or disorderly behaviour
- Distributes or displays to another person any visible representation which is threatening or abusive
- Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby
MR -
- Intent that his words, behaviour or other visible representation is threatening or abusive or that his behaviour is disorderly
- Awareness that his words, behaviour or other visible representation MAY be threatening, abusive or insulting or that his behaviour MAY be disorderly
3 defences to the offence of causing intentional harassment, alarm or distress
Defences -
- D was inside a dwelling and had no reason to believe that his words, behaviour or visible representation would be seen or heard by a person outside that dwelling
- D’s conduct was reasonable
- D had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress
Effect of intoxication on MR for public order offences
Section 6(5): Shall be taken to be aware of that of which he would be aware if not intoxicated unless he shows
- His intoxication was not self-induced or
- His intoxication was caused solely by the taking or administration of a substance in the course of medical treatment
How to organise lawful public procession (3 points)?
Advance notice MUST be given if procession is for one of the following purposes - (i) demonstrate support for or opposition to views of any person or body of persons (ii) publicise a cause or campaign or (iii) mark or commemorate an event
- Six clear days’ written notice (or as soon is reasonably practicable)
- Date, time, proposed route, names and addresses of persons proposing to organise
When can the police impose conditions on a proposed public procession?
- A Senior Police Officer must reasonably believe that
a. Adverse consequences would result if procession continues (serious public disorder, property damage or disruption to the life of the community)
b. Procession is being organised for an illegitimate purpose
When can police prohibit a proposed public procession?
Where the Chief of Police
(i) reasonably believes that because of particular circumstances in part of a district
(ii) the power to impose conditions will be insufficient to prevent the public procession there from resulting in serious public procession
(iii) he may APPLY TO COUNCIL of that district for an order prohibiting all processions or a class of them
(iv) for no more than 3 months
When can police officer impose conditions on a public assembly?
A Senior Police Officer must reasonably believe that
- The assembly may result in serious public disorder, serious damage to property or serious disruption to the life of the community or
- The purpose of the persons organising it is to intimidate others with a view to compelling them not to do an act they have a right to do or to do an act they have a right not to do
Two situations in which a protest on private land can be an offence.
- Aggravated trespass - where a person trespassing does anything intended to (i) intimidate and deter persons from engaging in, (ii) obstruct or (iii) disrupt a lawful activity
- Trespassory assembly - where 20 or more people in the open air without the permission or in excess of the permission of the occupier
When can a trespassory assembly be prohibited?
Where the Chief of Police
(i) reasonably believes that because of particular circumstances in part of a district
(ii) there is a risk the trespassory assembly will seriously disrupt life of the community or damage important buildings or monuments
(iii) he may APPLY TO COUNCIL of that district for an order prohibiting all processions or a class of them
When is a criminal offence racially aggravated?
D either (i) demonstrates towards V hostility based on V’s race or (ii) motivated by hostility towards members of a racial group based on their membership of that group
When can police officers order travellers to leave property?
Police officer reasonably believes
- The travellers are trespassing with the common purpose of residing on the property for any period and
- Occupier has taken reasonable steps to ask them to leave AND
a. Either one or more trespassers has (i) caused damage to property or (ii) used threatening, abusive or insulting words or behaviour towards the occupier or
b. brought six or more vehicles onto the land
When can dispersal orders be made?
Superintendent of police has reasonable grounds for believing that members of the public have been intimidated, harassed, alarmed or distressed by the behaviour of a group of two or more people
When will kettling will not constitute a deprivation of liberty? What about indiscriminate kettling?
Necessary, reasonable and proportionate to prevent a breach of the peace which is likely to happen in the immediate future (i.e. imminent)
Even indiscriminate kettling may be consistent with Art. 5 if police reasonably believe there is no other means of obviating the breach of the peace.
