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Human Rights and English Law

Public order offences and trespass to land

  • 4 things to know
  • Component 3

Overview

Recall questions on how breach of the peace, riot, violent disorder, affray and illegal assemblies under the Public Order Act 1986 restrict Articles 10 and 11, and on trespass to land as a tort actionable per se.

What you need to know

Answer each one before you reveal it.

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Key term

How does English law balance protest against public order?

Key term

How many persons must be present together for the offence of riot under section 1 of the Public Order Act 1986?

Key term

Which two ECHR rights are restricted by public order offences?

Key term

How many persons must be present together for violent disorder under section 2 of the Public Order Act 1986?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Which two ECHR rights are restricted by public order offences?

    Model answer

    Article 10 (freedom of expression) and Article 11 (freedom of assembly and association).

  2. 2

    What is breach of the peace and what must police demonstrate to use this power?

    Model answer

    A common law power allowing police to take preventive action where there is a real and imminent risk of violence.

  3. 3

    Which ECHR articles does breach of the peace restrict?

    Model answer

    Articles 10 and 11.

  4. 4

    How many persons must be present together for the offence of riot under section 1 of the Public Order Act 1986?

    Model answer

    Twelve or more persons.

  5. 5

    What conduct must the twelve or more persons engage in for riot to be established?

    Model answer

    Using or threatening unlawful violence for a common purpose, where the conduct would cause a person of reasonable firmness to fear for their safety.

  6. 6

    How many persons must be present together for violent disorder under section 2 of the Public Order Act 1986?

    Model answer

    Three or more persons.

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