Public Order and the Law

Answers

Thread 6

What offences, if any, does Max commit when he addresses the crowd for a second time?

As in Thread 2 above:

In each case, consider whether all the elements of the offence are present.

1. Incitement to riot or violent disorder. (ss1, 2 POA 1986) - what numbers are in the crowd? Would there be a ‘common purpose’? If so, what would it be?
   
   
2. Affray (s.3 POA 1986) - is there an identifiable victim? Has Max done anything more than speak?
   
   
3. Threatening Behaviour (s4 POA) - Is Max’s conduct threatening, abusive or insulting? Is it aimed at somebody? Do they fear violence?
   
   
4. Disorderly Conduct (s.5 POA) - Is Max’s conduct threatening, abusive or insulting? Is somebody likely to suffer ‘harassment, alarm or distress’ because of his conduct?
   
   
5. Breach of the peace - does Max breach the peace within the meaning set out in R. v. Howell [1981] 3 All ER 383?

Additionally:

6. If Ringo’s instruction to leave is valid and issued under s.12 POA, does Max commit offences under both ss.12(4) and 12(6) POA? This depends partially on whether or not he is an organiser (see Thread 4 above)
   
   
7. If Ringo’s instruction is valid and issued under common law powers to prevent a breach of the peace, is Max guilty of obstruction of the police and / or inciting others to obstruct the police? (see s.89 Police Act 1996)
   
   As can be seen, there are a multiplicity of potential offences that could have been committed by the utterance of a single sentence of ten words in length!
   

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