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Human Rights
Public Order Offences
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Created by
Beth Taylor
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Cards (82)
What is the main objective of the Public Order Act 1986?
To regulate
public order offences
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What does SOCPA 2005 restrict?
Protests
in designated
areas
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What is required from organisers under s11 of the Public Order Act 1986?
6
days
written
notice of a
march
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What information must be included in the notice to police?
Date, time,
route
,
organiser's
details
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Under what condition is notice not required for a march?
If it is not
practical
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What can police impose under s12 of the Public Order Act 1986?
Conditions
on
marches
and
processions
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What are the four triggers for police imposing conditions on marches?
Public disorder
,
property damage
,
community disruption
, intimidation
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What is an offence under s12(5) of the Public Order Act 1986?
Breaking the
conditions
set by police
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What did the case Police v Reid (1987) establish about intimidation?
Intimidation
must cause
more
than
discomfort
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What does s13 of the Public Order Act 1986 allow police to do?
Issue a banning order on marches
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How long can a banning order last under s13?
Up to 3
months
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What is the definition of an assembly under s16 of the Public Order Act 1986?
An assembly of 2 or more
persons
in public
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What can police impose on meetings under s14 of the Public Order Act 1986?
Conditions
on place, duration, and number of people
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In the scenario with Harriet, what was the reason for her arrest?
Marching without police permission
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What was the police's response to the marchers carrying placards?
They
ordered
them to put down the placards
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What does s1 of the Public Order Act 1986 define as a riot?
12
or more people using unlawful violence
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What is the definition of violent disorder under s2?
3
or more people using
unlawful
violence
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What is required for an affray under s3?
Threatening
unlawful
violence
causing fear
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What does s4 of the Public Order Act 1986 address?
Fear or provocation of
violence
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What is the mens rea requirement under s6?
Intention
or
awareness
of threatening behavior
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What did DPP v Orum (1988) establish about police officers?
They may experience harassment but are familiar with
disorderly conduct
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What was the outcome of R v Hebron & Spencer (1989)?
Convicted of
violent disorder
with sentences
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What does a breach of the peace entail?
Harm or fear of harm to
person
or
property
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What did Laporte (2007) determine about police actions?
Police actions were
disproportionate
and
premature
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What was the ruling in Austin (2009) regarding police cordoning?
It was justifiable to contain
demonstrators
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What does s128-138 of SOCPA address?
Restrictions
on
protests
near
designated
sites
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What is required for protests within 1 km of Parliament?
6
days notice to the
Metropolitan Commissioner
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What can senior police officers do regarding protest conditions?
Change conditions without
notice
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What is banned during protests near designated sites?
Use of loudspeakers
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How many people were surrounded by police in Oxford Circus during the May Day demo?
About
3,000
people
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How long were the demonstrators not allowed to leave?
Seven
hours
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What was the reason for treating all individuals as demonstrators?
They did not come forward with personal
circumstances
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What does the term 'promptly' refer to in this context?
It refers to the
seven-hour
duration
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Why was less intrusive action deemed inappropriate?
It would not have been
effective
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What does section 11 of the Public Order Act address?
It outlines the conditions for
assemblies
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What are the triggers for a section 13 Banning Order?
Specific
conditions
outlined in the law
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How does a section 13 Banning Order come into force?
By the
Home Secretary's
decision
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When is the use of a section 13 Banning Order appropriate?
When there is a serious
public danger
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Which section defines an assembly or meeting?
Section 14
of the
Public Order Act
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What is the definition of an assembly according to the law?
A gathering of people for a
common purpose
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