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public order offences - Coggle Diagram
public order offences
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A8, A10 and A11 are qualified rights
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breach of the peace
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Affray - one or more people use or threaten unlawful violence towards another person and the the conduct would cause a person of reasonable firmness present at the scene to fear for his personal safety
riot - 12 or more people use or threaten unlawful violence for a common purpose and the conduct would cause a person of reasonable firmness present at the scene to fear for his personal safety
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R V CC of gloucester constabulary , Laporte 2007
the police had acted unlawfully breaching A5, 10 and 11. preventative action is only lawful when a breach of the peace is imminent which it was not when the coach was stopped. however even if a breach has been imminent here the court found that the action taken was unreasonable and disproportionate.
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