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Police Law 11th Edition

31. Public Order Offences other than those related to Sporting Events or Industrial Disputes

Chapter 31

RACIALLY OR RELIGIOUSLY AGRRAVATED PUBLIC ORDER OFFENCES p 907

In respect of a) and b) under this heading, a divisional court has held that a) envisages the presence of the victim of the offence and hostility based on the victim’s membership of a racial group, whereas b) was concerned with the accused’s motivation in relation to a racial group, no member of which need be present.[DPP v Dykes [2009] Crim LR 449]

Individual support order p 912

The provisions of the Criminal Justice and Immigration Act 2008 which are referred to under this heading are now in force.

Breach of order p 912

The standard of proof which the prosecution must satisfy in respect of a charge of breach of an ASBO is the criminal one (ie beyond reasonable doubt). Where an accused has adduced evidence which raises the issue of reasonable excuse, the prosecution has the burden of disproving reasonable excuse beyond reasonable doubt. [R v Charles [2009] EWCA Crim 1570]

Review p 913

The CDA 1988, s 1J is now in force.

Nature of orders and applications for such orders p 913

Remove 'prospectively' from first line.

Notification requirements p 914

Delete final sentence under this heading 'These provisions are not in force at the time of writing'.

PENALTY NOTICES FOR DISORDERLY BEHAVIOUR p 915

Add to the Table on pp 915-916 setting out 'penalty offences' an item covering offences against the Misuse of Drugs Act 1971, s 5(2) of possession of cannabis in its various forms.

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009, SI 2009/83 came into force on 24 January 2009 and amends the Penalties for Disorderly Behaviour (Amount of Penalty) Order SI 2002/1837 and sets out a new list of offences in respect of which penalties may be levied under the CJPA 2001, ss 2 and 3 as penalty charges.

The 2002 Order as amended now prescribes that the following offences attract a penalty of £ 80 for persons aged sixteen or over and £ 40 for persons under sixteen.

Offence creating provision	Description of offence
Section 80 of the Explosives Act 1875	Throwing fireworks in a thoroughfare
Section 5(2) of the Criminal Law Act 1967	Wasting police time or giving false report
Section 91 of the Criminal Justice Act 1967	Disorderly behaviour while drunk in a public place
Section 1 of the Theft Act 1968	Theft
Section 1(1) of the Criminal Damage Act 1971	Destroying or damaging property
Section 5(2) of the Misuse of Drugs Act 1971	Possession of various forms of cannabis and cannabis derivatives etc
Section 5 of the Public Order Act 1986	Behaviour likely to cause harassment, alarm or distress
Section 141 of the Licensing Act 2003	Sale of alcohol to a person who is drunk
Section 146(1) and (3) of the Licensing Act 2003	Sale of alcohol to persons under 18
Section 149(3) and (4) of the Licensing Act 2003	Purchase of alcohol on behalf of persons under 18
Section 151 of the Licensing Act 2003	Delivery of alcohol to persons under 18 or allowing such delivery
Section 127(2) of the Communications Act 2003	Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
Section 11 of the Fireworks Act 2003	Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements
Section 49 of the Fire and Rescue Services Act 2004	Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority

The 2002 Order continues to provide that the following offences attract a penalty of £ 50 for persons aged sixteen and over, or £ 30 for persons under sixteen.

Offence creating provision	Description of offence
Section 12 of the Licensing Act 1872	Being drunk in a highway, other public place or licensed premises
Section 55 of the British Transport Commission Act 1949	Trespassing on a railway
Section 56 of the British Transport Commission Act 1949	Throwing stones etc. at trains or other things on railways
Section 87 of the Environmental Protection Act 1990	Depositing and leaving litter
Section 12 of the Criminal Justice and Police Act 2001	Consumption of alcohol in designated public place
Section 149(1) of the Licensing Act 2003	Purchase of alcohol by persons under 18 on relevant premises
Section 150 of the Licensing Act 2003	Consumption of alcohol by a person under 18 on relevant premises or allowing such consumption

PENALTY NOTICES FOR DISORDERLY BEHAVIOUR p 915

Add at the end of the text under this heading (ie after fourth paragraph on p 917):

‘The issue of a fixed penalty notice for a specified offence (eg an offence under POA 1986, s5) and the payment of the penalty under it only discharges liability in respect of the offence specified in the notice. It does not discharge liability of the recipient of the notice for another, more serious offence (eg unlawfully inflicting grievous bodily harm, contrary to OAPA 1861, s 20), which it subsequently becomes apparent was committed in the course of the same incident.’ [R v Gore [2009] EWCA Crim 1424]

CLOSURE ORDERS: PREMISES ASSOCIATED WITH PERSISTENT DISORDER OR NUISANCE p 917

The Anti-social Behaviour Act 2003, Pt 1A is now in force.

POWER TO DISPERSE GROUPS IN AREAS WHERE PERSISTENT ANTI-SOCIAL BEHAVIOUR HAS OCCURRED p 919

Replace the last sentence of the fourth paragraph on p 920 as follows:

‘Publicity must be given to an authorisation by publishing an authorisation notice in a local newspaper and/or posting such a notice in some conspicuous place or places in the locality. An authorisation notice must state that an authorisation has been made, the relevant locality and the period during which the powers under A-s BA 2003, s30 (3)-(6) are exercisable. The publicity notice should be a single document, including a map, the prohibitions, the area to which it applies, and the other statutory criteria, and must be drafted in the vernacular so that those to whom it relates can understand it.

If it is not admitted by the accused, the authorisation must be proved in court by the prosecution, both as to the reasons for its making and the publicity given to it. To that end, it will assist the court to have a set of all the relevant documents relating to the authorisation lodged with it.’ [Carter v CPS [2009] EWHC 2197 (Admin)]

Prohibition of harassment p 920

Insert at the end of the last paragraph on p 921:

‘A course of conduct which begins with a legitimate inquiry may become harassment by reason of the persistence and manner in which it is pursued. Thus, where the accused had telephoned to find out why his partner had not got a job, but did not get an explanation, and then telephoned the original recipient 95 times in an hour and a half, setting his telephone to automatic re-dial and saying at one point that he was ‘set for the night’, a divisional court held that that conduct was capable of amounting to harassment for the purposes of PHA 1997.’ [DPP v Hardy [2008] SWHC 2874 (Admin)]

Putting people in fear of violence p 923

The Court of Appeal has held that the course of conduct required for an offence under PHA 1997, s 4 must amount to harassment of another. [R v Curtis [2010] EWCA Crim 123]

Breach of restraining order p 923

The amendment to PHA 1997, s 5 has been brought into force, and so has PHA 1997 s 5A.[SI 2009/2501]

Advance notice p 931

The final sentence of the penultimate paragraph of the text under this heading should now read as follows:

‘The House of Lords has held that a monthly campaigning cycle ride through central London which took a different route each time, although it set off from a fixed starting point was a commonly or customarily held procession and therefore no prior notice needed to be given to the police of the names of organisers, date and start time and intended route.’ [R (on the application of Kay) v Commissioner of the Metropolitan Police [2008] UKHL 69]