3021513
| Questão | Responda |
| LEGISLATION That enshrines the right to peaceful protest | Article 10 European Convention on Human Rights (freedom of expression) + Article 11 European Convention of Human Rights (freedom of assembly) = Right to protest |
| DEFINE The Queen's Peace | The Queen's peace is the term used to describe the protection the monarch, in right of each state, provides to his or her subjects. A normal state of peace and tranquility which citizens are entitled to expect, in an ordered society. |
| Any person committing a breach of the peace can be arrested by who? | Any other person (the power to arrest for a breach of the peace is not exclusive to constables, although in most cases it will be a constable making the arrest) |
| LEGISLATION That covers breaches of the peace | Breach of the peace is a common law offence. As such, there are no acts, no statute law, and it is not a criminal offence. |
| TRUE OR FALSE A breach of the Queen's peace is a criminal offence | FALSE |
| Case law defines what constitutes a breach of the peace. What are the ways in which the peace can be breached? | 1) Harm is done to a person 2) Harm is likely to be done to a person 3) Harm is done to property 4) Harm is likely to be done to property 5) A person is in fear of being harmed, through assault, riot, or other disturbance |
| CASE LAW That defines a breach of the peace | R v Howell [1981] |
| TRUE OR FALSE The breach of the peace must have happened in the presence of the arresting person | TRUE |
| DESCRIBE The two possible outcomes after an arrest for breaching the peace | 1) Release with no further action once it is deemed by the officer that a risk of breach of the peace no longer exists 2) Taken before a magistrate and bound-over (agrees to pay £X if they breach the peace again in Y hours) |
| LEGISLATION That deal with public order offences | Public Order Act 1986 |
| LEGISLATION That makes rioting an offence | S1 Public Order Act 1986 |
| S1 Public Order Act 1986 makes what an offence? | Rioting |
| LEGISLATION That makes violent disorder an offence | S2 Public Order Act 1986 |
| S2 Public Order Act 1986 makes what an offence? | Violent disorder |
| LEGISLATION That makes affray an offence | S3 Public Order Act 1986 |
| S3 Public Order Act 1986 makes what an offence? | Affray |
| LEGISLATION That makes causing fear or provocation of violence an offence | S4 Public Order Act 1986 |
| S4 Public Order Act 1986 makes what an offence? | Causing fear or provocation of violence |
| LEGISLATION That makes causing intentional harassment, alarm or distress an offence | S4A Public Order Act 1986 |
| S4A Public Order Act 1986 makes what an offence? | Causing intentional harassment, alarm or distress |
| LEGISLATION That makes causing non-intentional harassment, alarm or distress an offence | S5 Public Order Act 1986 |
| S5 Public Order Act 1986 makes what an offence? | Causing non-intentional harassment, alarm or distress |
| LIST The offences under the Public Order Act 1986 from most serious to least serious | 1) Rioting 2) Violent Disorder 3) Affray 4) Causing fear or provocation of violence 4A) Causing intentional harassment, alarm or distress 5) Causing non-intentional harassment, alarm or distress |
| TRUE OR FALSE Intoxication can be used as a partial defence against the less serious public order offences | FALSE Intoxication cannot be used as a defence AT ALL for ANY of the public order offences (unless the intoxication was not self induced (spiked drinks) or the intoxication stems solely by the taking of prescribed medicine) |
| What are the differences in the awareness and intentions of a suspect between S4, S4A and S4 Public Order Act 1986? | S4 - INTENDS to cause fear or provocation of violence S4A - INTENDS to be threatening, abusive or insulting S5 - NO INTENTION, BUT AWARE that the conduct is threatening or abusive |
| Who must be the recipient of the conduct in S4, S4A and S4 Public Order Act 1986 offences? | S4 - A specific person S4A - NOT a specific person S5 - NOT a specific person, but within hearing or sight of someone likely to be harassed, alarmed or distressed |
| Do offences under S4, S4A and S5 include disorderly behaviour? | S4 - No S4A - Yes S5 - Yes |
| The distribution of offensive material falls under which public order offence - S4, S4A or S5? | S4 Public Order Act 1986 |
| Does someone need to ACTUALLY be affected by S4, S4A or S5 Public Order Act 1986 for an offence to be committed? | S4 - No one ACTUALLY needs to feel fear or be provoked to violence, as long as the suspect intended it to happen S4A - YES, someone MUST ACTUALLY be harassed, alarmed or distressed S5 - NO, no one ACTUALLY needs to be harassed, alarmed or distressed |
| Can offences under S4, S4A or S5 Public Order Act 1986 be committed in a private place? | NO Unless that private place is communal (sort of semi-public, if you think about it that way), or visible/audible from a public place (eg offensive poster affixed to the inside of a house's front window (private), but which can be seen from the road outside (public) |
| Can offences under S1, S2 or S3 Public Order Act 1986 be committed in a private place? | YES Although they will must often occur in a public place |
| What do offences under S1, S2 and S3 all have in common which sets them apart from offences under S4, S4A and S5 Public Order Act 1986? | S1, S2 and S3 all involve unlawful violence, S4, S4A and S5 do not |
| Who must be involved in an affray? | THREE PARTIES 1) The individual making the threats 2) The person subject to the threats who must be present 3) At least one bystander (may be hypothetical) |
| TRUE OR FALSE The threat of violence in relation to an offence of affray cannot be made by the use of words alone. | TRUE |
| TRUE OR FALSE For a charge of affray to be appropriate, there must be a person of reasonable firmness at the scene, in addition to the suspect and victim | FALSE A bystander need not actually be on scene, as long as hypothetically, if there was one on scene, they would fear for his or her personal safety |
| What are the key elements of affray? | A person must USE OR THREATEN UNLAWFUL VIOLENCE towards ANOTHER and his or her conduct is as such as would cause a PERSON OF REASONABLE FIRMNESS AT THE SCENE to FEAR FOR THEIR OWN PERSONAL SAFETY |
| Violent disorder is committed when... | THREE OR MORE PERSONS, who are PRESENT TOGETHER, USE OR THREATEN UNLAWFUL VIOLENCE, and the conduct of them taken together is as such as would cause a PERSON OF REASONABLE FIRMNESS AT THE SCENE to FEAR FOR THEIR OWN PERSONAL SAFETY |
| Riot is committed when... | TWELVE OR MORE PERSONS, who are PRESENT TOGETHER, USE OR THREATEN UNLAWFUL VIOLENCE, and the conduct of them taken together is as such as would cause a PERSON OF REASONABLE FIRMNESS AT THE SCENE to FEAR FOR THEIR OWN PERSONAL SAFETY |
| What is the difference between riot and violent disorder? | Violent disorder only requires three people, riot requires twelve. |
| Are charges of affray suitable for "one-on-one" incidents? | R v Plavecz [2002] As affray is a public order offence, this charge has been considered inappropriate for one-on-one offences - consider assault |
| SENTENCE Riot | INDICTABLE ONLY Ten years imprisonment |
| SENTENCE Violent Disorder | EITHER WAY S) Six months imprisonment I) Five years imprisonment |
| SENTENCE Affray | EITHER WAY S) Six months imprisonment and/or fine I) Three years imprisonment |
| SENTENCE Causing fear or provocation of violence | SUMMARILY ONLY Six months imprisonment and/or fine |
| SENTENCE Causing intentional harassment, alarm, or distress | SUMMARILY ONLY Six months imprisonment and/or fine |
| SENTENCE Causing non-intentional harassment, alarm or distress | SUMMARILY ONLY Fine |
| Which public order offences can be racially or religiously aggravated? | S4 -> S31(1)(a) - Causing fear or provocation of violence S4A -> S31(1)(b) - Causing intentional harassment, alarm or distress S5 -> S31(1)(c) - Causing non-intentional harassment, alarm or distress |
| LEGISLATION That allows certain public order offences to be racially aggravated | S31 Public Order Act 1986 S31(1)(a) - Causing fear or provocation of violence S31(1)(b) - Causing intentional harassment, alarm or distress S31(1)(c) - Causing non-intentional harassment, alarm or distress |
| TRUE OR FALSE S31(1)(a), (b) and (c) offences carry a higher sentencing tariff than S4, S4A and S5 Public Order Act 1986 offences | TRUE S31 offences are the racially/religiously aggravated counterparts of the standard S4, S4A and S5 offences |
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