Public Protection and Safety PPS05 PDF

Public Protection and Safety PPS05 Public Order Introduction Within this module you will look at the following offences: Breach of the Peace (Common Law & Statute). Disorderly behaviour. Riotous behaviour (Common Law & Statute). Disorderly behaviour on licens...

Public Protection and Safety PPS05 Public Order Introduction Within this module you will look at the following offences: Breach of the Peace (Common Law & Statute). Disorderly behaviour. Riotous behaviour (Common Law & Statute). Disorderly behaviour on licensed premises. Provocative conduct. Use of words or behaviour. Power to require removal of disguises / search persons & vehicles. Drunkenness in a public place. Public processions offences. In criminology, public-order crime is defined by Siegel (2004) as “...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently”, i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains that a crime is nothing more than “...an act that contravenes a law.” The identity of the ‘victim’ may be indirect and sometimes diffuse; it is cumulatively the community that suffers. There is much debate on what constitutes a public order offence with many criminologists and social scientists arguing that in public order crimes, there are many instances of criminality where a person is accused because the person has made a personal choice to engage in an activity of which society disapproves. However, these notes will be focusing on those acts which have been deemed to be an offence and are widely viewed and accepted by the public to be ‘public order’ offences, rather than the abstract. Unfortunately, rioting and public disorder has been a recurrent and at times persistent feature of life in many parts of Northern Ireland since the mid- OFFICIAL [PUBLIC] Page 111 nineteenth century. Rioting and disorder has occurred most frequently at times of political tension and debate over the political status, but not always, recently there have been disturbances during St Patrick’s Day and as a result of football fixtures, at the match and as a consequence of the result. Question Why do people riot or become involved in riots and disorderly behaviour? (Be prepared to discuss in class) – Jot down some ideas in your notes section. Research would indicate that the following apply to crowds and persons involved in disorder: Inside a mob our standards drop. We do and say things we would not normally do. The general attitude of the crowd usually determines the behaviour of the individual. Sufficient numbers. Build-up of tension in the area or amongst groups of individuals within the community. Breakdown in communication. Flashpoint. Question for Consideration: What do you think public order looks like or what constitutes public offences? The preservation of the ‘Queen’s Peace’ has always been of paramount importance and as a police officer this will be an important part of your duties. As a Constable in the Police Service of Northern Ireland you will be called upon many a situation which may involve some instance of public disorder. These can vary from antisocial behaviour and OFFICIAL [PUBLIC] Page 112 domestic incidents up to and including the more infamous form of public disorder; the riot situation. Legislation used by the police in these situations comes from the following:  Public Order (NI) Order 1987.  Common Law.  Police (NI) Act 1998.  Public Processions (NI) Act 1998. The above pieces of legislation (1-4) are available for further reading through Classis Online and will not be examined in any more detail than contained within the notes. When enforcing the legislation we must ensure that all our actions meet the requirements of the legislation and are also compatible with the Human Rights Act and the Code of Ethics. Our decision-making processes must be sound so we can demonstrate that our actions are: P– Proportionate L– Lawful/legal A– Accountable N– Necessary Breach of the Peace (Common Law) What is a Breach of the Peace? Breach of the Peace is an old Common Law concept which is used to prevent unlawful violence against people or property. ‘Peace’ in this context refers to the King’s Peace, and should be taken to mean ‘the opposite of war.’ A Breach of the Peace is not a criminal OFFICIAL [PUBLIC] Page 113 offence in itself, however special powers exist for the purpose of stopping or preventing anyone from breaching or threatening to breach the peace by committing unlawful violence. What constitutes a Breach of the Peace? The concept of Breach of the Peace is not precisely defined and the limits of the power have been subject to disagreement over the years. However, it is now widely thought that the correct definition is that which was given in the case R v. Howell (1981). Breach of the Peace ‘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 A Breach of the Peace may occur on either public or private property. Although legislation has been introduced to deal with most circumstances that result in public disorder, the common law power to combat other breaches of the peace has been retained and may be used in particular circumstances. Power of Arrest (Conditions that are required before a Power of Arrest can be used) Any person may arrest any person where: A breach of the peace is committed in their presence, The person believes that such a breach will be committed in the immediate future by the arrested person although he has not yet committed any breach, or A breach of the peace has been committed and it is reasonably believed that a renewal of it is threatened. OFFICIAL [PUBLIC] Page 114  Key Learning Point A Breach of the Peace can occur anywhere. A power of entry exists to quell a Breach of the Peace (common law). {For police officers ONLY} ** Power of entry and arrest are not connected to PACE** Prior to exercising Common Law power of entry (by force if necessary), the officer must state:  Who they are.  Demand admission. AND  Have access denied. Any belief must be reasonably and honestly held. The fact that any person having such a belief was subsequently found to be mistaken would not necessarily render an arrest unlawful. A person who is arrested for a Breach of the Peace may be taken before a magistrate who may bind the person over to be of good behaviour. As a Breach of the Peace is not an offence as such, a person cannot be fined or imprisoned in the first instance, although a person who fails to comply with such an order may be sentenced to a maximum of six months’ imprisonment. 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. In these circumstances they cannot be granted bail. However they may be detained to appear before the next available court or detained if a reoccurrence is likely. A person, who is to be brought before a court at a later date, will be dealt with by way of summons. OFFICIAL [PUBLIC] Page 115 Disorderly Behaviour A person who in any public place uses: Disorderly behaviour; or Behaviour whereby a Breach of the Peace is likely to be occasioned shall be guilty of an offence. (Article 18 (1) of the Public Order (NI) Order 1987) Maximum Penalty: 6 months imprisonment / level 5 (£5000) fine. Power of Arrest Article 26 PACE (NI) Order 1989, subject to necessity criteria. Note: This offence can only be committed in a Public Place. Meaning of Terms Public Place ‘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 Defined as ‘behaviour which is not orderly’ Disposals In addition to the arrest option we now have the potential to issue a fixed penalty notice for first time offenders under the Justice Act (NI) 2011. This does not apply to Breach of the Peace under Common Law, just under the Public Order Legislation. OFFICIAL [PUBLIC] Page 117 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 offence. Article 64, Licensing Order (NI) 1996 Power of Arrest Article 26 PACE (NI) Order 1989, subject to necessity criteria. If the licensed premises are open to the public (i.e. during opening hours) it is treated as a public place and the disorderly behaviour offence under the Public Order (NI) Order is available. However if there is a private function within the licensed premises or it’s a time when the public are not permitted, usually outside permitted hours, the offending behaviour is under Article 64 of the Licensing Order (NI) 1996. Most social clubs connected to the likes of football and rugby clubs are registered under the Registration of Clubs (NI) Order and are not licensed premises. The two disorderly offences outlined above do not apply to these types of clubs, consider Breach of the Peace in this instance, depending on the circumstances. What is defined as a ‘Public Place’? A public place is any Street Road Highway Any place to which (at the material time) The public OR Any section of the public has access, whether by Payment Free of Charge By right Spoken or implied permission Article 2(2) Public Order (NI) Order 1987 OFFICIAL [PUBLIC] Page 118 What is disorderly behaviour and what may need to be considered? What are the elements of the disorderly behaviour offence? What would you need to record in your Notebook/Statement in order to prove the offence? How would you explain your observations of the suspect’s behaviour to a custody Sergeant or in a court hearing? For the offence of disorderly behaviour it is important that the investigating officer and the evidencing officers are noting the specific actions of the offender, what exactly they were saying. It is not enough to say that the individual was using abusive language; you will need to be able to say what that abusive language was. The investigating officer should also make a note of any warnings that were given to the offender in relation totheir behaviour and what the outcome of that warning was. Riotous Behaviour ‘A person who in any public place uses riotous behaviour shall be guilty of an offence.’ Article 18(3) of the Public Order (NI) Order 1987 Maximum penalty: 12 months imprisonment/level 5 (£5000) fine. Power of arrest Article 26 PACE (NI) Order 1989, subject to the relevant arrest necessity. In order to prove the offence of riot, whether under the Public Order (NI) Order 1987 or under Common Law, the 5 elements of the offence MUST be present. The elements of ‘riot’ are derived from Case Law and in particular, Field v Receiver of Metropolitan Police, 1907 as follows: There are five necessary elements of a riot: number of persons, three at least; common purpose; execution or inception of the common purpose; OFFICIAL [PUBLIC] Page 119  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. NB: 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. ‘Aware’ is a concept similar to recklessness. 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 More serious offence - Unlimited prison sentence - Can occur anywhere. At common law a riot is a tumultuous disturbance of the peace. Power of arrest Article 26 PACE (NI) Order 1989, subject to necessity criteria. Points to prove – Same as riotous behaviour under the Public Order (NI) Order 1987, but need to use actual violence and calculate to strike terror into the public mind. Provocative Conduct in Public Place or at Public Meeting or Procession Article 19 (1) of the Public Order (NI) Order 1987  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, or  being the owner or occupier of any land or premises, causes or permits anything to be displayed or any act to be done thereon, with intent to provoke a Breach of the Peace or by which a Breach of the Peace or public disorder is likely to be OFFICIAL [PUBLIC] Page 120  occasioned (whether immediately or at any time afterwards) shall be guilty of an offence. Explanations of Terms Meeting Includes – ‘a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters’ Article 1(2) Public Order (NI) Order 1987 Public meeting Includes – ‘any meeting in a public place and any meeting which the public or section of the public is permitted to attend, whether on payment or otherwise’ Article 1(2) Public Order (NI) Order 1987 Public procession Includes – ‘a procession in a public place, whether or not involving the use of vehicles or other conveyances’. Article 1(2) Public Order (NI) Order 1987 To prove this offence you must show: A person intended to provoke a Breach of the Peace, OR A Breach of the Peace or public disorder was likely. There is no power of entry for this offence. Power of arrest Article 26 PACE (NI) Order 1989, subject to arrest necessity. OFFICIAL [PUBLIC] Page 121 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:  He intends to stir up hatred/arouse fear;  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 Power of Arrest: Article 26 PACE (NI) Order 1989 subject to arrest necessity. Power of Entry Article 19 PACE (NI) Order 1989 (hybrid). NB: The fear/hatred in question refer to particular groups of people defined by reference to religious belief, colour, race, nationality, and/ or ethnic/national origins. Removal of Disguises Article 23A Public Order (NI) Order 1987 If an Inspector or above reasonably believes: a) that activities may take place in any locality that are likely (if they take place) to involve the commission of offences; and b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this paragraph, He may make a written authorisation to empower any Constable in uniform: OFFICIAL [PUBLIC] Page 122  1. To require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; 2. To seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. An authorisation under this Article is exercisable at any place within that locality for a specified period not exceeding 24 hours. NB: Can be extended for a further 24 hours (maximum) by a Superintendent or above if it appears expedient to do so, having regard to offences which have been committed or are reasonably suspected to have been so committed. The extension should be in writing, however if not practical at the time a written authorisation MUST be completed as soon as practicable after the verbal authorisation. This only applies to the extension. There is no power to remove an item which is already being worn, however a person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this Article shall be guilty of an offence. You may consider arresting the person for failing to remove the item and should you exercise your power of arrest you may seize the item as evidence of the offence, using reasonable force if necessary and proportionate under the circumstances. Remember to record your actions as you may have to account for them later. Power of Arrest Article 26 PACE (NI) Order 1989, subject to arrest necessity. OFFICIAL [PUBLIC] Page 123 Power to Stop and Search in Anticipation of Violence Article 23B Public Order (NI) Order 1987 Power to Search If an Inspector or above reasonably believes: a. that incidents involving serious violence may take place in any locality, and that it is expedient to give an authorisation under this Article to prevent or control their occurrence, or b. that persons are carrying dangerous instruments or offensive weapons in any locality without good reason, He may make a written authorisation empowering a constable in uniform: to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments; and a constable may in the exercise of those powers stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or dangerous instruments. An authorisation under this Article is exercisable at any place within that locality for a specified period not exceeding 24 hours. If it appears to an officer of the rank of Superintendent (or above) that it is expedient to do so, having regard to offences which i. have been committed in connection with the activities in respect of which the authorisation was given, or OFFICIAL [PUBLIC] Page 125  ii. are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further 24 hours. A pedestrian who fails to stop or a driver who fails to stop a vehicle when required to do so by a constable in the exercise of these powers shall be guilty of an offence. Power of Arrest Article 26 PACE (NI) Order 1989, subject to arrest necessity. NB: This power covers offensive weapons and dangerous items only, not disguises. However, if during the course of a search under Article 23B you find an item which you reasonably believe to be one covered by Article 23A, and Article23A is in force, you may consider seizing it. Retention and Disposal of Things Seized under Art 23A and 23B Article 23C Public Order (NI) Order 1987 Power to Seize If in the course of a search under this Article a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. Anything seized by a constable under Article 23A or 23B may be retained in accordance with regulations made by the Secretary of State under this Article. OFFICIAL [PUBLIC] Page 126 Records Any authorisation under Article 23A or 23B shall be in writing and signed by the officer giving it, and shall specify: the grounds on which it is given; the locality in which the powers conferred by this Article are exercisable; the period during which those powers are exercisable. As with all searches and seizures a robust and accurate notebook entry will be required in addition to any other documentary procedures required. Where a constable exercises powers under Article 23A or 23B, the exercise of those powers will be recorded, including all relevant details. Explanations For the purposes of this Article ONLY, a person carries a dangerous instrument or an offensive weapon if he has it in his possession. (13) In this Article: ‘dangerous instrument’ means an instrument which has a blade or is sharply pointed; ‘offensive weapon’ has the meaning given by Article 22(1) Public Order (NI) Order 1987; ‘vehicle’ includes a caravan, ships, aircraft & hovercraft. Drunk in a Public Place The Offence ‘A person who is drunk in any road or other public place, whether a building or not, shall be guilty of an offence’ Article 10 Criminal Justice (NI) Order 1980 The symptoms of drunkenness can easily be mistaken for those of illness and injury. If there is any doubt, you should assume that the person is suffering from an illness or OFFICIAL [PUBLIC] Page 127 injury and summon medical assistance or arrange for the person to be conveyed to hospital without delay. Signs and Symptoms When dealing with an apparently drunk person the more obvious signs are: Lack of physical co-ordination. Slurred or incoherent speech. Breath smelling of intoxicating liquor. Eyes watery, bloodshot or glazed. Complexion flushed and sweaty. Clothing may be dishevelled, dirty or stained with vomit. In order to secure a conviction against a person for the offences of drunkenness dealt with in this section, it is not necessary to provide expert medical opinion of the person’s condition. It is sufficient for a police constable to give evidence of what is observed about the person that indicates drunkenness. This is not evidence of opinion but is direct evidence of observation and should be presented as such. It is particularly important to monitor the condition of a person who is drunk when in police custody. The person should be visited at least every quarter hour by the custody staff and roused and spoken to on every occasion. If there is any doubt or concern about the person’s condition the custody officer must be informed. The custody officer must immediately call the Force Medical Officer (FMO) or, in cases of urgent need, the person should be sent to hospital or the nearest medical practitioner should be summoned. Explanation of Terms Drunk is taken to mean that a person has consumed intoxicating liquor to the extent that they are a nuisance or a danger to themselves or others. Public Place any highway or other premises or place to which at the material time, the public have, or are permitted to have, access, whether on payment or otherwise. OFFICIAL [PUBLIC] Page 128 Power of Arrest Article 26 PACE (NI) Order 1989, subject to arrest necessity. Public Processions Introduction Public Processions or parades are an integral part of policing in Northern Ireland. This lesson deals with two areas: Duties on receiving notice of a procession/parade Specific legislation relating to duty at parades, etc. You should be aware that while many parades pass off peacefully some are accompanied by public order offences. Many of the offences already covered may be involved and you should know your powers to deal with them. In addition you should ensure you use discretion on all occasions as overreaction can lead to serious disorder and injuries. Public processions and parades require careful planning and anyone organising one is required by law to give written notice to the police. Notification A person proposing to organise a public procession shall give notice of that proposal to a member of PSNI not below the rank of Sergeant by leaving the notice with him/ her at the police station nearest the proposed starting place of that procession. Section 6(1) Public Processions (NI) Act 1998 Section 6(2) Notice shall be given: not less than 28 days before the date on which the procession is to be held; or if that is not reasonably practical, as soon as it is reasonably practical. OFFICIAL [PUBLIC] Page 129 Section 6(3) Notice shall: be given in writing in such form as may be prescribed be signed by the person giving notice. Section 6(4) The form prescribed shall specify: date and time of procession its route the number of persons likely to take part the names of any bands taking part. arrangements for control made by organiser name and address of organiser if less than 28 days’ notice is given the reason why it was not reasonably practical to do so. A public procession is described in section 17(1) of the Act as; ‘a procession in a public place whether or not involving the use of vehicles or other conveyances’. The only processions exempted from application under the law are:  A funeral procession, and  A procession of a class or description specified in an order made by the Secretary of State. The only order made so far relates to processions held by the Salvation Army along a route customarily followed by them. Other not so obvious events come within this legislation, such as vintage car rallies and sponsored walks. A protest meeting is described in the Act as ‘an open air public meeting’ within the meaning of the Public Order (NI) Order 1987 OFFICIAL [PUBLIC] Page 130 Which is, or is to be, held: a. at a place which is on or in the vicinity of the route or proposed route of a public procession, and b. at or about the same time as the procession is being or is to be held, and II. The purpose (or one of the purposes) of which is to demonstrate opposition to the holding of that procession on that route or proposed route. Procedure at Station Although the law states the notice should be handed to a Sergeant or above, there may be occasions when no Sergeant is available. On such occasions, provided it is handed in at the station nearest the proposed starting place, it must be accepted. Under no circumstances should you refuse to accept such a notice merely because no Sergeant is available. If you accept the notification you should: check all questions have been answered fully and it has been signed, accept the form and tell the organiser you will forward it to your authorities, take steps to get the form to a sergeant as soon as possible, create a control works serial, outlining basic details of the parade and to whom it was forwarded. Do not say anything to the organiser regarding police concerns about the parade. If asked, state the notice will be forwarded to the Parades Commission by your authorities. Prescribed Form This is a Form 11/1 – there is one on Classis for your information Alcohol at Public Processions – Section 13(1) Public Processions (NI) Act 1998 OFFICIAL [PUBLIC] Page 131 Consuming Where a Constable in uniform, reasonably suspects: a. A person taking part in a Public Procession, OR b. A person among those who have assembled to take part in a Public Procession, OR c. A person who is present at or in the vicinity of a place on the route/proposed route (And it is a public place - NOT Licensed Premises) Is consuming intoxicating liquor then he may require that person to: I. Surrender anything in his possession which the Constable suspects to be intoxicating liquor, and II. To state his name and address. Section 13(3) Public Processions (NI) Act 1998 Possession Where a Constable in uniform, reasonably suspects: - A person who is IN a PASSENGER VEHICLE which is being used for the principal purpose of carrying passengers the whole or part of a journey to a place in the vicinity of the route / proposed route of a public procession; - Is IN POSSESSION of intoxicating liquor, the Constable may require the person to: i. Surrender anything in his possession which the Constable suspects to be intoxicating liquor, and ii. to state his name and address. Offences Section 13(6) If a uniformed constable makes a requirement to a person under Section13 (1) or (2) and the persons fails without reasonable cause to comply, they shall be guilty of an offence. NB: A constable may dispose of anything surrendered to him under this section in such a manner as he considers appropriate. OFFICIAL [PUBLIC] Page 132 Points to consider: Your notebook is very often your best friend, especially in a Public Order situation where events, occurrences and circumstances can change or develop very quickly. Notebook entries should be full and accurate. Minimum requirements in your notebook: Exact 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 you did? Why you did it? What you did not do? Why did you not do it? OFFICIAL [PUBLIC] Page 134  Key Learning Point The 8 points of TURNBULL may be summarised by the mnemonic ADVOKATE. description given and the person’s actual appearance? When identifying suspects or interviewing witnesses, members must ensure an accurate description is recorded. The A-H of identification is a useful guide to help you obtain the best description. A- Age B- Build C- Clothing (include jewellery or the absence of same) D- Distinguishing marks (or the absence of same) E- Elevation (height) F- Face (i.e. round faced) G- Gait (stance, i.e. casual, walks with a limp or hands in pockets etc.) H- Hair (including facial hair) OFFICIAL [PUBLIC] Page 135 Human Rights Considerations  All officers have an individual responsibility for ensuring that they are properly educated and informed about the extent of their legal powers and the context within which those powers can properly be exercised. It is unacceptable for a police officer to claim ignorance of the law.  The decision making process of a police officer, regarding their use of police powers, should take into account the following:  What is my objective?  Is what I am doing proportionate?  Do I have lawful power?  Is there a legal basis to my action?  Is the proposed action relevant and necessary?  Is there a reasonable relationship between the aim to be achieved and the means used?  Is there a less intrusive alternative?  Can the objective be achieved with less impact on the rights of the subject and any other(s) likely to be affected by the action?  Is there a record of my decision and rationale? OFFICIAL [PUBLIC] Page 136