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Planned Operations and Emergency Procedures: Public Order Offences

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Planned Operations and Emergency Procedures: Public Order Offences Planned Operations and Emergency Procedures: Public Order Offences Version 2.2 © - College of Policing Limited (the College) June 2015 All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the College or its representative. The above restrictions do not apply to Home Office police forces who are licensed by the College to copy and use this material for policing purposes within the police service of England and Wales. Some restrictions apply and forces may not copy or use any part of this material for audiences other than Home Office police personnel, distribute to third party providers (including Higher Education or Further Education) or use for commercial purposes without obtaining written agreement, in the form of a licence extension, from the College. All enquiries about this product should be addressed to the Programme Management Unit on +44 (0)1423 876741 or [email protected] The College is committed to providing fair access to learning and development for all its learners and staff. To support this commitment, this document can be provided in alternative formats by contacting the Programme Management Unit on +44 (0)1423 876741 or [email protected] The College is committed to the promotion of equal opportunities. Every effort has been made throughout this text to avoid exclusionary language or stereotypical terms. Occasionally, to ensure clarity, it has been necessary to refer to an individual by gender. POEP_4_SN_047_PDF Page 2 of 21 Public Order Offences Version 2.2 © College of Policing Limited 2015 Contents 1. Introduction ..................................................................................................................... 5 2. Introduction to Public Order offences ........................................................................... 6 2.1 What is public order? .................................................................................................. 6 2.2 The role of the police in ensuring public order ............................................................ 6 3. The Law: Public Order Act 1986 ..................................................................................... 7 3.1 Riot ............................................................................................................................. 7 3.2 Violent Disorder .......................................................................................................... 8 3.3 Affray ........................................................................................................................ 11 3.4 Fear or Provocation of Violence ................................................................................ 11 3.5 Acts intended or likely to stir up racial hatred ............................................................ 16 3.6 Racially and religiously aggravated offences ............................................................ 18 3.7 Aggravation related to disability, sexual orientation or transgender identity .............. 19 4. Revision questions ....................................................................................................... 20 5. Key legislation ............................................................................................................... 21 POEP_4_SN_047_PDF Version 2.2 Public Order Offences Page 3 of 21 © College of Policing Limited 2015 Authorised Professional Practice These notes are aimed at learners completing their Initial training to meet the learning outcomes specified on the National Policing Curriculum. The primary source of content is the Authorised Professional Practice (APP) and the supporting evidence based research of "what works" in policing. APP can be found at: http://www.app.college.police.uk/ POEP_4_SN_047_PDF Page 4 of 21 Public Order Offences Version 2.2 © College of Policing Limited 2015 1. Introduction These notes are for Pre-Join, Police Officers, PCSOs and IL4SC Phase 2. These notes are for the use of Police Officers and PCSOs. You should consider how the content applies in relation to PCSO powers, ‘any person’ powers of arrest under Section 24A of the Police and Criminal Evidence Act 1984 (PACE) and local force policy. If you are studying this resource at home, or in a public place please ensure others are not able to view the content of this material. This chapter provides an introduction to a range of related behavioural offences which range from those in Common Law; such as ‘breach of the peace’, to those covered by statute, for example public order offences. In the cases of all these offences, incidents which initially may appear to be relatively minor can escalate, if not handled in a timely and appropriate manner. POEP_4_SN_047_PDF Version 2.2 Public Order Offences Page 5 of 21 © College of Policing Limited 2015 2. Introduction to Public Order offences 2.1 What is public order? We all have individual rights and freedoms which we consider important. We enjoy freedom of expression and a right to peaceful protest. We also have a right to a society where we can go about our legitimate business without fear of persecution and violence. Public disorder is characterised by disruptive behaviour which deprives others of the peace and quiet to which they are entitled; therefore including a wide range of scenarios and perceived nuisances. Public disorder, as relevant to the Public Order Act 1986, occurs for a variety of reasons; ranging from small scale domestic disagreements which escalate to incidents which negatively affect a neighbourhood, to protests which may have begun legitimately and peacefully, but which escalate into rioting. 2.2 The role of the police in ensuring public order The police have to tread a fine line in maintaining public order; balancing people’s rights and freedoms under the European Convention on Human Rights (ECHR), such as freedom of expression under Article 10 and freedom of assembly and association under Article 11, with the need to prevent public order and protect society from harm. When dealing with issues around public order, therefore, you will need to exercise discretion. Your actions will be dictated by the nature and gravity of the incident. Consider the importance of the National Decision Model here and the ethics which are at its core; remembering that everything you do should be in line with the ACPO ‘Professional Ethics Statement of Mission and Values’. It may be that positive action, arresting offenders and using statutory powers, is necessary; or it may be more appropriate to defuse the situation by reasoning with and dispersing the participants. Whatever your action, you should make an accurate and detailed record of the incident as it may figure in later criminal or civil proceedings. The police service is subject to intense levels of exposure and scrutiny at highly-charged events such as large scale protests. The presence of a large number of police protective uniforms and equipment can give the perception of a hardening of the character of British policing. Also, poor police communication, uncontrolled instances of force and the confused POEP_4_SN_047_PDF Page 6 of 21 Public Order Offences Version 2.2 © College of Policing Limited 2015 and inappropriate use of police powers such as stop and search can undermine the legitimacy of police action and reduce public confidence. Right to peaceful protest The right to peaceful protest is enshrined by Articles 10 and 11 of the European Convention on Human Rights (ECHR). These provide for the right to freedom of expression and freedom of assembly and association, respectively, and when taken together provide for a right to peaceful protest. The Articles in the ECHR are incorporated into our domestic law by virtue of the Human Rights Act 1998 and are contained in Schedule 1 to that Act which states that: ‘Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests’ 3. The Law: Public Order Act 1986 3.1 Riot Section 1 of the Public Order Act 1986 states that: ‘Where twelve or more persons who are present together, use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene, to fear for their personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot’. A person of reasonable firmness does not have to be present at the scene; the term is simply an objective test by which the court can judge the seriousness of the disturbance, using a fixed standard, which is that a person of reasonable firmness would be put in fear by the conduct. It is immaterial whether or not those involved use or threaten unlawful violence at the same time. The ‘common purpose’ referred to can be inferred from their conduct. Riot can take place in both public and private places. The offence is committed when a person intends to use violence, or when he or she is aware that their conduct may be violent, to the extent that the person of reasonable firmness present at the scene would fear for their personal safety. Community of purpose must be established to prove the offence. POEP_4_SN_047_PDF Version 2.2 Public Order Offences Page 7 of 21 © College of Policing Limited 2015 What is reasonable firmness?
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