The Law Commission: Criminal Law: Offences Relating to Public Order (Law Com. No. 123)
| Published date | 01 May 1984 |
| DOI | http://doi.org/10.1111/j.1468-2230.1984.tb01655.x |
| Date | 01 May 1984 |
REPORTS
OF
COMMITTEES
THE
LAW COMMISSION: CRIMINAL LAW: OFFENCES RELATING
TO
PUBLIC ORDER (LAW COM.
No.
123)
As part
of
its programme
of
codification
of
the criminal law, the
Law Commission has proposed the abolition
of
the common law
offences
of
affray, unlawful assembly, riot, and rout,’ and the
replacement
of
the first three by new statutory offences. It also
recommends the repeal of certain old statutory offences. Many
aspects
of
the law relating to public order are not covered by this
Report. The Public Order Act
1936
and related legislation,* the
scope
of
police powers to control demonstrations, and calls for
the enactment
of
a new “Riot are all being considered by the
Home Office and the Commission saw no need for a separate review.
As its principal concern is with serious offences to deal with serious
disturbances, the offences
of
wilful obstruction
of
the highwa
wilful obstruction
of
a constable in the execution
of
his dut
YJ4
were
and
excluded. The common law crime of public nuisance, which has on
occasion been used to penalise “sit-down” demonstrations,6 was also
omitted on the ground that to review it in this context would be
impracticable and unduly time-consuming. However, the Commis-
sion recommend that if the offences it proposes are enacted, public
nuisance should not be charged in circumstances of disturbances to
public order.
The Conimission took the view in the Working Paper which
preceded this Report’ that its task was to restate in a modern
statutory form the present common law, rather than
to
attempt any
radical restructuring. It gave two reasons for this approach: first,
that there was general acceptance that offences carrying a heavy
maximum penalty were required. to penalise serious disruption to
public order, and secondly, that it should move with caution in an
area
so
closely connected with fundamental liberties. The Report
follows the same general approach. The new statutory offences set
out in the Workinn Paper have been redrafted in the light
of
--
comments on those proposals. The Commission’s aim has been to
I
Rout agrees in all particulars with
riot
except that
it
may be complete without the
execution
of
the intended enterprise. There seem to have been no prosecutions
for
this
offence
in
modern times.
See Review
of
the Public Order Act 1936 and related legislation (1980). Cmnd. 7891:
Fifth Report
of
the Home Affairs Committee, The Law Relating
to
Public Order
(1979-19150).
H.C.
7561.
The need
for
this was rejected by Lord Scarman: Report on The Brixton Disorders
10-12 April 1981 (1981), Cmnd. 8427, paras. 7.314.
‘
Highways Act
1980,
s.137.
Police Act 1964, sSl(3).
R.
v.
Mode
(19643 Crim.L.R. 303;
R.
v.
Adler
[
19641 Crim.L.R. 303;
R.
v.
Cfark
(No.
2)
(19641 2,Q.B. 315.
’
Law Commission Working Paper
No.
824ffences against Public Order. For com-
mentaries
on
the Working Paper, see Smith I19821 Crim.L.R. 485 and Suppentone (19821
P.L. 354.
324
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