 |
|
|||||||||
|
Companion Website
Police Law - Ninth Edition
Chapter 31 - Public Order Offences other than those Relating to Sporting Events or Industrial Disputes
Chapter 31 - Public Order Offences other than those Relating to Sporting Events or Industrial Disputes
SOCPA, 2005, s 145 and 146 create offences involving -
- interference with contractual relationships so as to harm animal research organisations (s 145); and
- Intimidation if persons connected with animal research organisations (s 146).
The offence under s 145 is committed where a person, with the intention of harming an animal research organisation, either commits a crime or a tortious act causing loss or damage, or threatens someone that he or someone else will commit a crime or such an act in circumstances where the crime, tort or theft is intended or likely to cause another person to fail to perform a contractual obligation or to terminate a contract or to decide not to enter into a contract) with a third person,
The offence under s 146 is committed where a person (A), with the intention of persuading another person (B) not to do something B is entitled to do, or to do something B is not obliged to do, threatens B that (he (A) or another) will commit a crime or do a tortious act causing loss or damage to B or another. The offence only applies if A makes the threat wholly, or mainly, because B has a connection with an animal research organisation.
Breach of the Peace p 787
Add at the end of the first line under this heading that there cannot be a breach of the peace on the part of a person unless there is an incident of violence on his part; verbal abuse is insufficient.[Hawkes v DPP (2005) Times, 29 November]
The separate elements: POA 1986, s 4A p 798
Delete references to powers of arrest at the end of the text under this heading (p 799).
The separate elements: POA 1986, s 5 p 799
Delete references to powers of arrest at the bottom of p 800 and top of p 801.
Anti-Spcial Behaviour Orders p 801
The Drugs Act 2005 provides that where a relevant authority is applying for an anti-social behaviour order in respect of a person 18 or over it may apply for an 'intervention order' where it has received a report relating to the effect of the misuse of controlled drugs upon a person's behaviour. Such an order may be valid for no more than six months and will require compliance with specified requirements. Any failure to comply must be reported by the appointed supervisor. Failure, without reasonable excuse, to comply with a requirement of an order is an offence. [Not yet in force]
SOCPA 2005, s 142 permits local authorities to 'contract out' ASBO functions. Section 143 makes provision for 'special measures' under the YJCEA 1999 to apply to vulnerable and intimidated witnesses in the context of ASBO proceedings.
Remove 'arrestable' from the sentence ' Breach of a prohibition in an anti-social behaviour order without reasonable excuse is an arrestable offence.' Follow with -
It is a distinct offence which relates to the breach of the order and not to the particular conduct of the offender. Where the conduct which resulted in the breach of the order is also a distinct criminal offence, the court's power is not limited to the maximum sentence available for the distinct criminal offence, although that is a feature which should be borne in mind in considering proportionality. The Court of Appeal said that this was not a suggestion that an ASBO should be imposed as a means of circumventing maximum sentences which are believed to be lenient. [ R v Stevens (2006) Times, 24 February]
The acts relied upon need not have occurred within the previous six months as the time limitation upon the laying of an information does not apply to applications for anti-social behaviour orders. Evidence of events which took place more than six months before the application was made is admissible in respect of either limb of the CDA 1998, s 1(1). [CC West Mercia v Boorman (2005) Times, 17 November]
Where a local authority posted details of ASBO proceedings on its website together with photographs taken under powers provided by PACE, the issue of 'right to a private life' under article 8 of the European Convention on Human Rights was considered by a divisional court. It held that there should not be a 'naming and shaming' policy as a matter of course. Consideration must be given to necessity and proportionality. Any measures taken must be to protect the rights of citizens. However, it said that it was clear that measure taken to make the order effective would be unlikely to be sufficient if photographs, names and at least partial addresses were not included. [R (On the application of Stanley) v Met Commissioner [2005] Crim LR 292]
Penalty Notices for Disorderly Behaviour p 803
The Licensing Act 2003 (Consequential Amendments) Order 2005, SI 2005/3048 amends the Table in the Criminal Justice and Police Act 2001, s 1(1) which lists the 'penalty offences' for the purposes of the section. The Order removes all references to offences under the Licensing Act 1964 from the Table and replaces them by the parallel provisions of the LA 2003. The offences under the LA 2003 which are now included are those under s 141 (sale of alcohol to a person who is drunk), s 146(1) and (3) (sale of alcohol to children), s 149 (purchase of alcohol by or on behalf of children), s 150 (consumption of alcohol by children or allowing such consumption) and s 151 (delivering alcohol to children or allowing such delivery).
| Sale of alcohol to person who is drunk | Licensing Act 2003, s 141 |
| Sale of alcohol to children | Licensing Act 2003,s146(1) and (3) |
| Purchase of alcohol by or on behalf of children | Licensing Act 2003, s 149 |
| Consumption of alcohol by children or allowing such consumption | Licensing Act 2003, s 150 |
| Delivering alcohol to children or allowing such delivery | Licensing Act 2003, s 151 |
Penalty Notices for Disordeerly Behaviour p 804.
The CJPA 2001, s 3 is prospectively amended by the Domestic Violence Crime and Victims Act 2004 to give the Secretary of State power to add to prescribed penalties 'a half of the relevant surcharge'. The 'relevant surcharge' in relation to a person of a given age, is the amount payable by way of surcharge under CJA 2003, s 161A by a person of that age who is fined the maximum amount for the offence. [Not yet in force]
Powers to Disperse Groups in Areas where Persistent Anti-Social Behaviour has Occurred p 805
Although the statute clearly indicates that a person under 16 who is not under the control of a parent or a responsible person aged 18 or over in any public place in a relevant locality may be removed by a constable in uniform to his place of residence unless the constable has reason to believe that, if removed to that place, he would be likely to suffer significant harm, a divisional court has held that this does not authorise the use of force to remove a person to his place of residence. It said that it merely confers a welcome express power to use police resources to take a person under 16 to his residence if he is willing to be taken home. [R (W) v Commissioner of Police of the Metropolis [2005] 3 All ER 749.]
Racially - or Reliously-Aggravated Public Order Offences p 806
Delete reference to 'arrest' in first paragraph.
Racially - or Reliously-Aggravated Public Order Offences p 806 - 807
For the test under head (a) to be satisfied, the defendant must have formed the view that the victim was a member of a racial group and the defendant must have done or said something which demonstrated hostility towards the victim based on that membership. [R v Rogers (2005) Times, 22 November] Words used may or may not expressly identify the racial group to which the victim belongs; this was held in a case where the victim, Indian and brown skinned, was called an 'immigrant doctor' by defendant immediately before defendant assaulting him; Court of Appeal held open to jury to conclude that the defendant had identified her victim as falling within the racial groups of Indian and brown-skinned and that the use of 'immigrant' demonstrated hostility based on the victim's membership of such groups.[A-G's Reference (No 4 of 2004) [2005] 1 WLR 1352] See also R v Rogers above (victims of words 'bloody foreigners' were Spanish; held that these words were capable of satisfying head 9a); all who were black formed a racial group within s 28(4), as did all who were white; no great extension of the concept to embrace within a single racial group all who were foreign).
Harassment by Stalkers etc p 807
Prohibition of harassment
Delete final sentence under this heading - ' The offence is an arrestable offence under the Police and Criminal Evidence Act 1984, Sch 1A.'
Harassment by Stalkers etc p 807
SOCPA 2005, s 125 added a s 1(1A) to the PHA 1997 which prohibits a person from pursuing a course of conduct -
- which involves harassment of two or more persons, and
- which he knows or ought to know involves harassment of those persons, and
- by which he intends to persuade any person (whether or not one of those mentioned above),
- not to do something that he is entitled or required to do, or
- to do something that he is not under any obligation to do.
The purpose is to protect company employees from harassment by animal rights groups.
The definition of 'a course of conduct' is amended to provide that it must involve, in the case of conduct relating to single person (see s 1(1)), conduct on at least two occasions in relation to that person or, in the case of conduct in relation to two or more persons (see s 1(1A)), conduct on at least one occasion in relation to each of those persons.
Civil remedy p 808
SOCPA 2005 added a s 3A to the PHA 1997 to permit an injunction to be sought where there is an actual or apprehended breach of s 1(1A). It permits a person who is or may be the victim of the course of conduct in question, or any who is or may be a person falling within s 1(1A)(c), to apply to the High Court or a county court for an injunction to forbid such content.
Civil remedy p 808
In last line of first paragraph, delete 'itself an arrestable'.
Putting people in fear of violence p 808
Remove final sentence of second paragraph - 'This offence is an arrestable offence by reason of its penalty.'
Police directions stopping the harassment etc of a person at his home p 809
SOCPA 2005, s 127, amended s 42 of the CJPA 2001 so that it provides that requirements that may be made under s 42 include:
- a requirement to leave that vicinity of the premises in question, and
- a requirement not to return to it within such period as the constable may specify, may be for a period not being longer than three months.
Harassment etc of a person at his home p 810
SOCPA 2005, s126 added a s 42A to the CJPA 2001 which provides that a person commits an offence if:
- he is present outside or in the vicinity of any premises that are used by any individual (the resident) as a dwelling, and
- he is there to represent to the resident or another individual, or to persuade the resident or other person that he should not do something which he is entitled to do, or should do something he is not obliged to do, and
- he intends his presence to amount to harassment, alarm or distress to the resident, or knows or ought to know that his presence is likely to do so, and his presence amounts, or is likely to result in harassment of the resident or other individual referred to in (b).
Racial or Relious Hatred p 810 (Replaces 'Racial Hatred' heading)
Provisions about religious hatred [Not yet in force] First paragraph should now read -
The Public Order Act 1986, Part III (ss 17 to 29) provides offences relating to racial hatred. The Racial and Religious Hatred Act 2006 added a Part IIIA to the Public Order Act 1986 adding ss 29A to 29N which deal with offences of hatred against persons on religious grounds. To a large extent, the offences of hatred on religious grounds mirror those which forbid acts, intended or likely to cause racial hatred but they are limited to acts which are 'threatening' and the accused must intend thereby to stir up religious hatred. It is convenient to deal with these matters together within the parallel offences.
At the beginning of the second paragraph substitute 'Offence of racial hatred' for 'These offences'.
At the end of the third paragraph delete everything after 'Part III' and substitute 'Where the accused intends to stir up religious hatred, POA 1986, Part IIIA is the relevant part. POA 1986, s 29A provides that 'religious hatred' means hatred against a group of persons defined by reference to religious belief or lack of religious belief.'
At the end of this section and before the heading 'Use of words or behaviour or display of written material' insert -
'Offences under Part IIIA are restricted to words, behaviour or the display of written material which are 'threatening'; it is not enough that they are 'abusive or insulting'. References to 'abusive' or 'insulting' were excluded during Parliamentary debate following members' concerns in relation to freedom of expression. In addition, POA 1986, s 29J provides that nothing in Part IIIA of the Act should be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system, or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system. In view of the savings in respect of 'freedom of expression' to offend against Part IIIA the form of 'threat' will have to be very direct such as carrying a banner urging the killing of non-believers in circumstances which make it clear that a particular religion is the only true religion, or the making of a similar threat in some other way.'
After the material at (b) under the heading 'Use of words or behaviour or display of written material' insert -
The parallel offence created by s 29B requires the use of threatening words or behaviour, or the display of written material which is threatening, and an intention thereby to stir up religious hatred. Thus, the effect of the section is much more limited and this is true of the following 'parallel' offences.
The reference two paragraphs below to 'racist taunts' should be followed by (or religious threats) and the following two references to matters 'racist' will also apply to religious threats. This also applies to the following paragraph.
Replace the paragraph beginning with 'As already seen' with -
'As already seen, the prosecution must prove in the case of s 18 offences, that the accused intended to stir up racial hatred by his words, behaviour or display or that such hatred was likely to be stirred up thereby. Where an offence against s 29B is alleged, there must be proof that the accused intended thereby to stir up religious hatred.'
At the end of the following paragraph add -
'There is no parallel provision to s 18(5) under s 29B as the requirement under that section is limited to 'threats''
At the end of the material on 'Publishing or distributing' and before the heading 'Possession of racially inflammatory material' insert -
'POA 1986, s 29C provides that a person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred. It also provides that references within Part IIIA to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.'
At the end of the section under the heading 'Possession of racially inflammatory material' insert -
'POA 1986, s 29G parallels this offence in relation to religious hatred. In this case, however, the material must be 'threatening' and intended to stir up religious hatred. Section 29G makes similar provisions to those in s 23 in respect of search warrants.'
After the material under the heading 'Other offences' - replace the first sentence with:
'POA 1986, ss 20, 21 and 22 respectively provide offences corresponding to those under ss 18, 19 and 23 in relation to public plays, visual or sound recordings, and programmes in broadcasts or cable services.
'POA 1986, ss 29D, 29E and 29F provide corresponding offences to those under ss 29B, 29C and 29G in relation to religious hatred.'
Powers to arrest without warrant p 814
Delete heading and text.
General p 814
Under the heading 'General' insert, after s 28 -
'Corresponding provision is made by s 29M in respect of offences under Part IIIA.'
Indecent of Grosely Offensive Communications p 814
Whether a message or other matter is grossly offensive for the purposes of the Communications Act 2003, s 127(1) must be judged by the standards of an open and just multi-racial society; whether a telephone message falls into the category of grossly offensive depends on its content, on the circumstances in which it is sent and, at least as background, on the objective of Parliament of protecting people from being involuntarily subjected to messages which they may find objectionable. [DPP v Collins [2005] 3 All ER 326] This was held in a case where a man telephoned the office of his MP on a number of occasions making reference to 'wogs', 'Pakis' and 'black bastards'. These calls were received by members of staff who were not from ethnic minorities. One found the messages upsetting, another did not do so and the third described them as 'depressing. The justices dismissed the charges concluding that although a reasonable person would find the messages offensive, he would not find then 'grossly' offensive. A divisional court rejected the prosecutor's appeal. It said that whether or not a message was grossly offensive must be judged by the standards of an open and just multi-racial society, which the justices represented. Content was important but so were the circumstances in which the message was sent. [DPP v Collins [2005] Crim LR 794]
After the details of the offence against s 127(2), delete ' They are not arrestable offences.'
Conditions p 816
Delete final sentence concerning power to arrest.
Prohibition p 816-817
Delete final sentence concerning power to arrest.
Violence for securing entry p 817
Delete final paragraph under this heading.
Adverse occupation of residential premises p 820
Delete information concerning arrest which appears at the end of paragraph 2.
Trespassing with weapon of offence p 821
Delete the third paragraph which relates to arrest.
Police powers p 824
The power to arrest described in the first paragraph is repealed.
Power to Remove Trespassers where an Alternative site is available p 824-825
Delete the penultimate paragraph relating to arrest.
Offence of aggravated trespass p 826-827
Delete final paragraph relating to arrest.
PUBLIC ASSEMBLIES
Generally p 827
In line 4 below this heading the reference should be to 'two or more persons' not 'twenty or more persons'. Page proofs read 'two' but text reverted to 'twenty'.
Delete at the end of paragraph 2 the words 'and the same power to arrest without warrant applies'.
Police powers p 829
Delete first paragraph relating to arrest and last sentence of final paragraph relating to arrest.
Police powers p 830-831
Delete first paragraph relating to arrest and delete final sentence under this heading which also relates to arrest.
Trespass on designated site p 831 (New section after that relating to 'Raves')
SOCPA 2005, s 128 provides that a person commits an offence if he enters, or is on, any designated site in England or Wales as a trespasser. A 'designated site' is one specified or described by order. A site may only be designated if:
- it is comprised in Crown land;
- it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the throne in his private capacity, or
- it is considered appropriate in the interests of national security.
Organisers and participants will commit offences against s 132. It is a defence if a person accused of such an offence did not know and had no reasonable cause to suspect, that the site was designated.
The Serious Organised Crime and Police Act 2005 (Designated Sites) Order 2005 designates Her Majesty's naval Base, Clyde; Northwood Headquarters; RAF Brize Norton; RAF Croughton; RAF Fairford; RAF Feltwell; RAF Fylingdales; RAF Lakenheath; RAF Menwith Hill; RAF Mildenhall; RAF Welford; Royal Navy Armaments Depot Coulport and Sea Mounting Centre Marchwood as designated sites, with effect from 1 April 2006. [SI 2005/3447]
Demonstrations in the vicinity of Parliament - To follow the heading above
SOCPA, 2005 133 requires written notice to the Commissioner of Police of the Metropolis of any such proposed demonstration in a designated area in the vicinity of Parliament. By s 134, the Commissioner must issue an authorisation but may impose conditions with a view to preventing specified acts and guaranteeing public safety.
The 'designated area' has been defined by order. An area is defined by SI 2005/1537. The defined area specifies areas none of which are more than one kilometre from Parliament Square.
A person who organises, or participates in, a demonstration in a public place in the designated area without authorisation commits an offence; so does someone who carries on a solo demonstration without authorisation. It is a defence to show reasonable belief in authorisation.
Proscribed organisations pp 835-836
The following have been added to the list of other proscribed organisations on p 836:
Al Ittihad Al Islamia;
Ansar Al Islam;
Ansar Al Sunna;
Groupe Islamique Combattant Marocain;
Harakat-ul-Jihad-ul-Islami;
Harakat-ul-Jihad-ul-Islami (Bangladesh);
Harakat-ul-Mujahideen/Alami;
Hezb-e Islami Gulbuddin;
Islamic Jihad Union; Jamaat ul-Furquan;
Jundallah;
Khuddam ul-Islam;
Lashkar-e Jhangvi;
Libyan Islamic Fighting Group; and
Sipah-e Sahaba Pakistan;
[New January 2007]
Al-Ghuraban;
The Saved Sect;
Baluchistan Liberation Army;
Teyrebaz Azadiye Kurdistan [SI 2006/2016]
The names Kongra Gele Kurdistan and KADEK are to be treated as other names for the Kurdistan Party (Partiya Karkaren Kurdistan) (PKK) referred to in the list on p 836. [SI 2006/1919]
Proscribed organisations p 835
Remove 'arrestable' from line one.
Contributions towards acts of terrorism p 836
Delete the final paragraph under this heading 'An offence under TA 2000, ss 15 to 18 is an arrestable offence.'
Rights p 839
In item (a) on p 840 remove 'serious arrestable' and replace with 'indictable'. Same at (c), (d).
Disclosure of information p 841-842
Delete on p 842 -' An offence under TA 2000, s 19 is an arrestable offence.', and on p 843 ' An offence under TA 2000, s 21A is an arrestable offence.', and ' An offence under TA 2000, s 39 is an arrestable offence.', and (at the end of the penultimate paragraph on p 843) ' It is an arrestable offence.'
Possession of articles for terrorist purposes p 843
Delete the final paragraph on p 844 - ' An offence under TA 2000, s 57 is an arrestable offence.'
Unlawful collection, recording or possession of information p 844
Delete second paragraph - ' An offence under TA 2000, s 58 is an arrestable offence.'
Terrorism and airport security p 844
Delete final paragraph on p 845 - ' These are arrestable offences.'
Terrorist offences involving the use of noxious substances or things to cause harm and intimidate p 845
Delete at top of p 846 - 'An offence under ACSA 2001, s 113 or 114 is an arrestable offence.'
Stop press
The Terrorism Act 2006 received Royal Assent on 30 March 2006 but publication and availability of the Act arrived too late for inclusion in the website update for 1 April 2006.
In brief, Part I of the Act deals with offences related to encouragement etc of terrorism; preparation of terrorist acts and terrorist training; increases some existing penalties for offences under previous legislation; and incidental matters such as the preparatory hearing of terrorist offences, offences committed abroad and the liability of company directors. Part 2 deals with proscription of terrorist organisations; detention of suspects; searches; and investigatory powers. Part 3 is concerned with reviews of terrorism legislation and consequential amendments and repeals.
The Act makes no substantial repeals of existing terrorist legislation.
About this book
Price, bibliographic details, and more information on the book