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. "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.

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

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

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.

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)

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 Moving People on – Duncan v. Jones [1936] 1 KB 218. Does this approach satisfy UK obligations under the ECHR??

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 Note that unlike ‘breach of the peace’ this is a substantive criminal offence in England and Wales.

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