Public order

Mr. Harris posts a letter through Mr. Singh’s letter box stating that ‘All Pakies should bugger off home’. Mr. Singh is Indian and the letter is mistakenly opened by his flatmate who is Scottish. Has the offence of causing intentional harassment, alarm or distress been made out?

The defence “his conduct was reasonable” requires what standard of proof according to the Public Order Act?

A District Council may prohibit a Trespassory Assembly on an application by the Chief Officer of Police. What conditions apply to these orders?

A public meeting is being held in a local pub to determine how money can be raised to finance a new local outdoor swimming pool. Mr. Smith attempts to disrupt proceedings by shouting abuse at the Chairman. What advice would you give to a constable policing the meeting?

A public assembly is in progress, when, as a result of emergency road works, the Chief Officer of Police imposes a necessary new condition requiring the assembly to take a route avoiding the road works for the safety of the public. Is this a lawful condition that may be imposed?

Mr. Clarke, a funeral director, has organised his Cortege, 2 white horses drawing a carriage, preceded by a top hatted ‘leader’ on foot, and followed by some 300 mourners. It is causing serious disruption to traffic in the town centre. Mr. Clarke has failed to notify the police. Does Mr. Clarke commit an offence of failing to inform the Police of the procession?

Mr. Cotton visits his wife in hospital to be told that she has died of COVID. He becomes distraught and causes problems in the ward. A student nurse asks him to leave. His disturbance escalates and a security officer asks him to leave. An off duty Staff nurse attends the ward and asks Cotton to leave. He refuses to leave until he sees his wife. Has Cotton committed the offence of failing to leave the hospital?

Mr. Macduff puts up a poster in his bedroom, which is aimed at Mr. O’Connor who can see it from his bedroom. The poster says ‘You agnostic bastards will burn in hell’. A man in the street can see the poster. Is the Religiously Aggravated offence committed?

At 05:30 on New Year’s day around 50 people are queuing to get into Marks & Spencer’s New Year day sale. Most have been drinking and some are drunk. The store is due to open at 06:00. Door staff have called the Police to say that the crowds are hostile and are threatening damage and one has caused damage to the door. They threaten to break down the door unless they open up. Does this constitute a riot?

Peters and his wife are fighting in the street. The street is otherwise empty. As the police arrive they rush indoors where they are heard to continue brawling. Do the police have a power to enter and arrest in these circumstances?

Smith, and 4 of his friends decide to put the “frighteners” on jones and his two pals. They approach and say “Right you bastards, you’re in for a kicking”. What offence is committed?

How many clear days must be given in written notices of public processions?

Where there is failure to comply with the conditions of notice of a public procession; and the procession is in progress, what is meant by senior police officer?

How many persons are required to trespass in the case of Trespassory Assemblies?

In the case of Trespassory Assemblies, what is the meaning of land?

Whose consent is required to prosecute riot?

Where there is a fear of provocation of violence, which of the following is incorrect? The offender must…

What is the duration of a prohibition order, made by a council, on application by the Chief officer of Police, in relation to the likelihood of serious disruption to the life of the community?

Smith phones Jones at home and says that he is on his way to smash his face in. Jones is frightened. Can this amount to an affray?

Davies is at home and is dressed in his neo-nazi uniform. He is singing anti jewish songs. Jewish neighbours complain to the police that Davies is using words intending to stir up racial hatred. Which of the following is correct?