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What constitutes a Breach of the Peace?
What constitutes a Breach of the Peace?
Under what condition can a person be arrested for a breach of the peace?
Under what condition can a person be arrested for a breach of the peace?
What happens if a person fails to comply with a magistrate's order after being arrested for a Breach of the Peace?
What happens if a person fails to comply with a magistrate's order after being arrested for a Breach of the Peace?
What is required from a police officer before exercising their Common Law power of entry?
What is required from a police officer before exercising their Common Law power of entry?
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Why is a Breach of the Peace not considered a criminal offence?
Why is a Breach of the Peace not considered a criminal offence?
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What must be reasonably held to justify an arrest for a Breach of the Peace?
What must be reasonably held to justify an arrest for a Breach of the Peace?
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What distinguishes the power of entry and arrest in relation to PACE?
What distinguishes the power of entry and arrest in relation to PACE?
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What may happen to someone arrested for a Breach of the Peace before they are brought to court?
What may happen to someone arrested for a Breach of the Peace before they are brought to court?
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What is the minimum number of persons required to constitute a riot?
What is the minimum number of persons required to constitute a riot?
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Which element is NOT necessary for a riot according to the established legal definitions?
Which element is NOT necessary for a riot according to the established legal definitions?
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Under common law, what constitutes a riot?
Under common law, what constitutes a riot?
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What does the mens rea for riot require from the accused?
What does the mens rea for riot require from the accused?
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In what circumstances can a person still be considered 'aware' under the mens rea requirements for a riot?
In what circumstances can a person still be considered 'aware' under the mens rea requirements for a riot?
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What is a significant difference between riot and riotous behavior under the Public Order (NI) Order 1987?
What is a significant difference between riot and riotous behavior under the Public Order (NI) Order 1987?
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Which action constitutes a breach of peace under Article 19 of the Public Order (NI) Order 1987?
Which action constitutes a breach of peace under Article 19 of the Public Order (NI) Order 1987?
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What is the maximum penalty for a common law riot?
What is the maximum penalty for a common law riot?
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What is the maximum penalty for disorderly behaviour in a public place?
What is the maximum penalty for disorderly behaviour in a public place?
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Under what condition can a person be arrested for disorderly behaviour according to Article 26 PACE (NI) Order 1989?
Under what condition can a person be arrested for disorderly behaviour according to Article 26 PACE (NI) Order 1989?
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Which definition applies to 'Public Place'?
Which definition applies to 'Public Place'?
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What type of behaviour is specifically classified under disorderly behaviour?
What type of behaviour is specifically classified under disorderly behaviour?
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Which of the following behaviours could lead to an offence on licensed premises?
Which of the following behaviours could lead to an offence on licensed premises?
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When is a licensed premises treated as a public place?
When is a licensed premises treated as a public place?
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What does the potential for a fixed penalty notice for first-time offenders pertain to?
What does the potential for a fixed penalty notice for first-time offenders pertain to?
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Which scenario does NOT involve the two disorderly offences outlined?
Which scenario does NOT involve the two disorderly offences outlined?
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What does a public meeting encompass?
What does a public meeting encompass?
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To prove that an offence was committed regarding public order, what must be shown?
To prove that an offence was committed regarding public order, what must be shown?
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What do threatening and abusive behavior need to aim for to be classified as an offence?
What do threatening and abusive behavior need to aim for to be classified as an offence?
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Under what conditions can an inspector give authorization to remove disguises?
Under what conditions can an inspector give authorization to remove disguises?
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Which order governs the power of arrest related to public order offences?
Which order governs the power of arrest related to public order offences?
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What type of gatherings is specifically defined as public processions?
What type of gatherings is specifically defined as public processions?
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What does the term 'removal of disguises' in public order imply?
What does the term 'removal of disguises' in public order imply?
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Which of the following does not contribute to a public order offence?
Which of the following does not contribute to a public order offence?
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What action is a constable allowed to take if they reasonably suspect a person in a passenger vehicle is in possession of intoxicating liquor?
What action is a constable allowed to take if they reasonably suspect a person in a passenger vehicle is in possession of intoxicating liquor?
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If a person fails to comply with a constable's request under Section 13, what is the consequence?
If a person fails to comply with a constable's request under Section 13, what is the consequence?
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What is one of the minimum requirements for an entry in a police notebook regarding an offence?
What is one of the minimum requirements for an entry in a police notebook regarding an offence?
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Which mnemonic can be used to summarize the key points of Turnbull for identifications?
Which mnemonic can be used to summarize the key points of Turnbull for identifications?
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What type of information should be included about an offender in a police notebook entry?
What type of information should be included about an offender in a police notebook entry?
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What does the 'G' in the ADVOKATE mnemonic stand for?
What does the 'G' in the ADVOKATE mnemonic stand for?
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Regarding the handling of surrendered items, what authority does a constable have?
Regarding the handling of surrendered items, what authority does a constable have?
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What should be documented regarding witnesses in a police notebook?
What should be documented regarding witnesses in a police notebook?
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Study Notes
Breach of the Peace
- A Breach of the Peace is "any act done or threatened to be done which actually harms a person, or in his presence, his property, or is likely to cause such harm, or puts someone in fear of such harm being done." (R v Howell 1981)
- It can occur on public or private property.
- An arrest can be made if a breach of the peace is committed in the officer's presence or if they believe that a breach will be committed.
- A person arrested for a Breach of the Peace can be brought before a magistrate who may bind the person over to be of good behaviour.
- A Breach of the Peace is not a criminal offence; therefore, someone arrested under Common Law is not in police detention under the PACE Order.
- A person arrested for a Breach of the Peace may be detained to appear before the next available court or detained if a recurrence is likely.
Disorderly Behaviour
- A person who in any public place uses disorderly behaviour or behaviour likely to cause a breach of the peace is guilty of an offence.
- Maximum penalty for this offense is 6 months imprisonment or a £5000 fine.
- Arrest requires adherence to the necessity criteria outlined in Article 26 of the PACE (NI) Order 1989.
Public Place Definition
- A public place is defined as "any street, road or highway and any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of expressed or implied permission." (Article 2(2) Public Order (NI) Order 1987)
Disorderly Behaviour on Licensed Premises
- A person who in any licensed premises uses riotous, disorderly or indecent behaviour, or behaviour whereby a breach of the peace is likely to be occasioned, shall be guilty of an offense (Article 64, Licensing Order (NI) 1996).
- Arrest requires adherence to the necessity criteria outlined in Article 26 of the PACE (NI) Order 1989.
Riotous Behaviour
- There are five necessary elements of a riot:
- A number of persons, at least three.
- A common purpose.
- Execution or inception of the common purpose.
- An intent to help one another by force if necessary against any person who may oppose them in the execution of their common purpose.
- Force or violence not merely used in demolishing, but displayed in such a manner as to alarm at least one person of reasonable firmness and courage.
- The ‘mens rea’ for riot requires an intention by the accused to use or threaten violence or that he is aware that his conduct may be violent.
- Even if a person is intoxicated, they are still regarded as being ‘aware’ as if they were sober, the only exception being if the drink, drugs etc. was not self-induced.
Common Law Riot
- A riot is a tumultuous disturbance of the peace and can occur anywhere.
- Arrest requires adherence to the necessity criteria outlined in Article 26 of the PACE (NI) Order 1989.
- It requires actual violence and must be calculated to strike terror into the public mind.
- This offence carries an unlimited prison sentence.
Provocative Conduct in Public Place or at Public Meeting or Procession
- A person who in any public place or at or in relation to any public meeting or public procession uses threatening, abusive or insulting words or behaviour, or displays anything or does any act with intent to provoke a Breach of the Peace, or which a Breach of the Peace or public disorder is likely to be occasioned, shall be guilty of an offence.
- The offence requires proof that the person intended to provoke a Breach of the Peace, OR that a Breach of the Peace or public disorder was likely.
- No power of entry exists for this offence.
- Arrest requires adherence to the necessity criteria outlined in Article 26 of the PACE (NI) Order 1989.
Use of Words/Display of Material
- A person who uses threatening, abusive, insulting words or behaviour OR displays any written material, which is threatening abusive or insulting – Is guilty of an offence:
- If they intend to stir up hatred/arouse fear;
- If, having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be stirred up/aroused. (Article 9(1) Public Order (NI) Order 1987).
- The fear/hatred in question refers only to particular groups of people defined by reference to religious belief, colour, race, nationality, and/ or ethnic/national origins.
- Arrest requires adherence to the necessity criteria outlined in Article 26 of the PACE (NI) Order 1989.
- Power of entry is a hybrid provision under Article 19 of the PACE (NI) Order 1989.
Removal of Disguises
- An Inspector or above may authorize a Constable in uniform to require a person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity. (Article 23A Public Order (NI) Order 1987).
- The constable can also seize any item which the constable reasonably believes the person intends to wear wholly or mainly for that purpose.
- This power is triggered if the Inspector believes that activities may take place that are likely to involve the commission of offences.
Possession of Intoxicating Liquor
- A Constable in uniform may require a person in a passenger vehicle being used for the principal purpose of carrying passengers, who is in possession of intoxicating liquor, to surrender the liquor and state their name and address. (Section 13(3) Public Processions (NI) Act 1998).
- Failure to comply without reasonable cause is an offense (Section 13(6)).
- This power is triggered if the constable reasonably suspects that the vehicle is being used for the principal purpose of carrying passengers to a place in the vicinity of the route of a public procession.
Notebook Requirements
- Officers should make full and accurate notebook entries in public order situations.
- Minimum requirements:
- Time, day, and date.
- Exact location.
- Details of offence/occurrence.
- Name/age/occupation/address of offender or persons involved.
- Excuses given/replies after caution (including significant statements).
- Names/addresses of witnesses.
- Details of motor vehicles (if applicable)
- Details of documents produced.
- Any other details necessary to make a report.
- What the officer did.
- Why the officer did it.
- What the officer did not do.
- Why the officer did not do it.
Identification - ADVOKATE
- The 8 points of Turnbull may be summarised by the mnemonic ADVOKATE:
- Age
- Build
- Clothing (include jewellery or the absence of same)
- Distinguishing marks (or the absence of same)
- Elevation (height)
- Face (i.e.round faced)
- Gait (stance, i.e.
- Key features
- Any other features
- Time of incident
- Environment where the crime occurred
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Description
This quiz covers the legal concepts of Breach of the Peace and Disorderly Behaviour, including definitions, arrest protocols, and legal implications. Understand how these concepts apply in both public and private contexts, and learn about the procedures following an arrest. Test your knowledge on these legal principles and their applications.
