public order offences

• trespass to land

  defined as 'unjustifiable interference with land which is in the immediate and exclusive possession of another'

  • it is an area of tort but if the trespasser causes criminal damage this can be dealt with in the criminal court
• criminal damage is defined in section 1 criminal damage act 1971 as 'a person without lawful excuse destroys or damages property belonging to another'
• section 61 criminal justice and public order act 1994 - allows police to direct trespassers from land after the occupier has asked them to leave but failed
• aggravated trespass is defined in section 68 CJPOA and makes it an offence to intimidate, obstruct or disrupt people

  aggravated trespass is usually on land but has been extended to include buildings
• police have powers under section 70 CJPOA to prohibit a trespassory assembly on private land if it is without the permission of the occupier and could results in disruption or damage to a site which might be of a historical or scientific importance
• Public order Act 1986 restrict article 11 and article 10

  public order offences includes riots, violent disorder, affray , fear or provocation of violence, intentional harassment/alarm/distress or harassment/alarm/distress - also includes obstructing the highway under s137 Highways Act 1980
• section 1 - riots

  1(1) where 12 or more people who are together use or threaten unlawful violence for a common purpose

  1(2) it is immaterial whether or not the 12 or more people use or threaten unlawful violence simultaneously.
• section 2 - violent disorder

  2(1) where 3 or more people use or threaten unlawful violence and causes fear to those around them
• section 3 - affray- only one person

  3(1) - A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

  It requires violence to be at one person not just the general public
• fear or provocation of violence - causing to fear violence or to provoke violence to occur


  4(1) - a person is guilty if he

  4(1)(a) - used towards another person threatening, abusive or insulting words or behaviour

  4(1)(b) - distributes or displays to another person any writing, sign or other visible representation which is threatening with intent to cause him to believe that immediate unlawful violence will be sued against him.
• section 4a- intentional harassment, alarm or distress.- using intention to CAUSE a person harassment etc - not fearing violence 


  4 A(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—

  (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

  (b) displays any writing, sign or other visible representation which is threatening and causes another person harassment/alarm or distress.
• section 5 - harassment/alarm/distress- not intended to cause harassment etc - those around you might be caused harassment but not intentional 


  5(1) A person is guilty of an offence if he—

  (a) uses threatening words or behaviour, or disorderly behaviour,

  (b) displays any writing, sign or other visible representation which is threatening within the hearing or sight of a person likely to be caused by harassment, alarm or distress

  
  

  if in own house then wont be guilty of a section 5 public order offence
• R vs Howell - 'there is breach of the peace wherever harm is actually done or is likely to be done to a person or in his presence to his property or if a person is in fear of being harmed through assault, an affray, a riot etc.
• r (moos) vs met police - should be used as a last resort and when there is about to be a breach of the peace
• section 68 CJPOA - offence of aggravated trespass
• section 69 CJPOA - powers to remove person participating or committing in aggravated trespassing
• DPP vs Chivers - aggravated trespasser


  Chivers locked himself to a stair railing so people couldn't enter into it - court found this to be a case of aggravated trespassing as it was a building which was being prevented entry
• s137 Highways Act 1980 - a person is to be guilty of POA if they unlawfully obstruct a highway and prevent the use of it to other people surrounding them