Public Order Law: Seminar Support Materials
HUMAN RIGHTS LAW
Public order law
Seminar support materials (for seminars on 28 November & 5 December 2011)
This handout contains a question from the 2009 exam paper, along with two student answers to the question. The answers are very good. But they do have flaws, so use them to guide you, but don’t take them as setting the highest standard. The support materials have been provided to help you assess your own approach to problem questions in general. It is recommended that you study these materials before you draft your answer to the problem question on the seminar sheet. There’s also a guidance sheet on Blackboard (Course Materials > public order law), giving tips for approaching public order law problem questions.
When you read the students’ answers, think about the approach the students have taken. Remember that problem questions test reasoning skills. So, does each student make thorough use of the facts given in the scenario? Does s/he give reasons for her/ his …show more content…
Beth told the crowd on the microphone ‘we know where a lot of you live and we’re warning you to stop hunting! If you don’t stop killing innocent foxes you should be very afraid!’ Beth therefore uses threatening, abusive and insulting words or behaviour. For Beth to commit an offence under s 4 POA 1986 she must have had the intention or awareness that the behaviour is or might be threatening, abusing or insulting. It must also cause that person to believe that immediate unlawful violence will be used against him. This is the issue in this case, as it may not indicate that immediate unlawful violence will be used – as Beth uses the phrase ‘we’re warning you’. In the case of R v Horseferry Justices ex p Siadiatan it was held that words in a book would not provoke immediate unlawful violence. However, the words used by Beth could provoke Corn to use immediate unlawful violence, therefore s 4 POA has been
Public order law
Seminar support materials (for seminars on 28 November & 5 December 2011)
This handout contains a question from the 2009 exam paper, along with two student answers to the question. The answers are very good. But they do have flaws, so use them to guide you, but don’t take them as setting the highest standard. The support materials have been provided to help you assess your own approach to problem questions in general. It is recommended that you study these materials before you draft your answer to the problem question on the seminar sheet. There’s also a guidance sheet on Blackboard (Course Materials > public order law), giving tips for approaching public order law problem questions.
When you read the students’ answers, think about the approach the students have taken. Remember that problem questions test reasoning skills. So, does each student make thorough use of the facts given in the scenario? Does s/he give reasons for her/ his …show more content…
Beth told the crowd on the microphone ‘we know where a lot of you live and we’re warning you to stop hunting! If you don’t stop killing innocent foxes you should be very afraid!’ Beth therefore uses threatening, abusive and insulting words or behaviour. For Beth to commit an offence under s 4 POA 1986 she must have had the intention or awareness that the behaviour is or might be threatening, abusing or insulting. It must also cause that person to believe that immediate unlawful violence will be used against him. This is the issue in this case, as it may not indicate that immediate unlawful violence will be used – as Beth uses the phrase ‘we’re warning you’. In the case of R v Horseferry Justices ex p Siadiatan it was held that words in a book would not provoke immediate unlawful violence. However, the words used by Beth could provoke Corn to use immediate unlawful violence, therefore s 4 POA has been