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PUBLIC ORDER LAW 1

PUBLIC ORDER LAW 1. Introduction and Scope of Lectures - History Public Order Act 1936 Public Order Act 1986 Criminal Justice and Public Order Act 1994. PUBLIC ORDER LAW 1. BREACH OF THE PEACE AT COMMON LAW Meaning? – see R v. Howell [1981] 3 All ER 383 at p.389.

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PUBLIC ORDER LAW 1

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  1. PUBLIC ORDER LAW 1 • Introduction and Scope of Lectures - History • Public Order Act 1936 • Public Order Act 1986 • Criminal Justice and Public Order Act 1994

  2. PUBLIC ORDER LAW 1 • BREACH OF THE PEACE AT COMMON LAW • Meaning? – see R v. Howell [1981] 3 All ER 383 at p.389. • "there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, an unlawful assembly or other disturbance.” per Watkins LJ • Note number of elements to this definition.

  3. PUBLIC ORDER LAW 1 • Cf. Lord Denning in R. v. Chief Constable of Devon and Cornwall ex p CEGB [1981] 3 All ER 826 at p.832: • "there is a breach of the peace whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it.“ • Percy v. D.P.P. [1995] 3 All ER 123 • Nicol [1996]1 Journal of Civil Liberties 75

  4. PUBLIC ORDER LAW 1 • Steel and Lush v. United Kingdom [1999] 4 Journal of Civil Liberties 129 • Power to Arrest for Breach of the Peace • R v. Howell [1981] 3 All ER 383 • McConnell v. Chief Constable of Greater Manchester [1990] 1 All ER 423. • R v. Morpeth Justices ex p Ward (1992) 95 Cr App R 215

  5. PUBLIC ORDER LAW 1 • Foulkes v Chief Constable of the Merseyside Police [1998] EWCA Civ 938 • Redmond-Bate v. DPP [1999] Crim L R 998, [1999] 4 Journal of Civil Liberties 382 • Bibby v. Chief Constable of the Essex Police [2000] EWCA Civ 113, [2000] 5 • Note the effect of the Human Rights Act 1998.

  6. PUBLIC ORDER LAW 1 • Action Taken to Prevent a Breach of the Peace • Note the ‘duty / power’ formula adopted by the courts. • Removal of Insignia - Humphries v. Connor (1874) Ir CLR 1 • Entry to Private Property - Thomas v. Sawkins [1935] 2 KB 249 (see now s.17(6) PACE and note McLeod v. United Kingdom [1999] 4 Journal of Civil Liberties 140)

  7. PUBLIC ORDER LAW 1 • Restricting Freedom of Movement- Moss v. McLachlan [1984] IRLR 76. • This approach was confirmed post- HRA in R (Laporte) v. Chief Constable of Gloucestershire and ors [2004] EWCA Civ 1639. • Moving People on – Duncan v. Jones [1936] 1 KB 218. • Does this approach satisfy UK obligations under the ECHR??

  8. PUBLIC ORDER LAW 1 • Note the concept of a bind-over: • Lansbury v. Riley [1914] 3 KB 229. • Obstruction of a Police Officer – s.88 Police Act 1996. • Note that unlike ‘breach of the peace’ this is a substantive criminal offence in England and Wales.

  9. PUBLIC ORDER LAW 1 • Obstruction of the Highway • s.137 Highways Act 1980 : note the requirement that the obstruction must be "wilful” and “without lawful excuse.” • Hirst v. Chief Constable of West Yorkshire (1986) 85 Cr App R 143. • Birch v DPP [2000] Crim LR 301

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