Modernising Public Order Offences

AuthorAlfred Jeffery
Published date01 January 1986
Date01 January 1986
DOIhttp://doi.org/10.1177/0032258X8605900102
Subject MatterArticle
ALFRED
JEFFERY·
MODERNISING
PUBLIC
ORDER OFFENCES
Violent disorders in England and Wales over the last decade -
many of which have been on a massive scale - have, not
unnaturally, focused attention on the laws governing public order.
Do the existing laws supply the right tools for the police to do the
job? Any extension of police powers will be bitterly fought by
certain sections of the community, who resent any loss of their
individual "freedoms". Thus the delicate question is to what degree,
in a democratic country, should the individual right of freedom of
speech and demonstration be curtailed in the interests of preserving
law and order? Violence by groups resulting in injuries to persons
and property is an unpleasant form of intimidation that no civilised
community dare condone. To do so would end the rule of law and
eventually restore the law of the jungle. Whilst democracy and its
freedoms must be guarded jealously, unless there are realistic
controls to maintain the rule of law then those "freedoms" will be of
little value.
Existing Laws
Apart from the Public Order Act1936, which is primarily designed
to outlaw uniformed political bodies and to control
demonstrations, the control of public order in England and Wales is
dependent on the common law offences of Riot, Rout, Affray and
Unlawful Assembly. These offences are part of the great unwritten
law developed over the ages by the courts without any regulation
from the legislature. They are only triable on indictment and there
is no limit to the penalty that can be imposed.
Ignorance of the law is considered to be no defence to a criminal
act, but here are laws enmeshed in an intricate web of precedents
that even the judiciary and eminent academics have difficulty in
finding agreement! Small chance then for citizens who wish to
express their views and to demonstrate within the law being able to
establish the legal limits, or for the police who need to make
"on
the
spot" decisions to be fully aware of their powers.
Scrutiny
of
Existing Laws
Re-acting to Parliamentary pressure in 1980, the Home Affairs
Committee investigated the operation of the Public Order Act 1936
*The author is an ex-policeman who has spent six years on the staff of the
Oxford University Law Library. The article aims to take readers behind the
scenes and thus acquire a better understanding of the many problems
facing those engaged in the formulation of new legislation.
6January 1986

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