3 - Public Order

Question 1

Riot -
Act, Section and Definition

Answer 1

Public Order Act 1986 s1:
Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

Question 2

Riot -
Points to Prove

Answer 2

• Unlawful violence for common purpose
• 12 or more persons
• Causes fear for safety of reasonable person

Question 3

Violent Disorder -
Act, Section and Definition

Answer 3

Public Order Act 1986 s2:
Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.

Question 4

Violent Disorder -
Points to Prove

Answer 4

• Used/threatened unlawful violence
• 3 persons
• Causes fear for safety of reasonable person

Question 5

Affray -
Act, Section and Definition

Answer 5

Public Order Act 1986 s3:
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Question 6

Affray -
Points to Prove

Answer 6

• Used/threatened unlawful violence (R v Gilmartin 2013)
• Causes fear for safety of reasonable person

Question 7

Fear or Provocation of Violence -
Act, Section and Definition

Answer 7

Public Order Act 1986 s4:
A person is guilty of an offence if he
(a)uses towards another person threatening, abusive or insulting words or behaviour, or
(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another

Question 8

Fear or Provocation of Violence -
Points to Prove

Answer 8

• Threatening, abusive or insulting (Atkin v DPP 1989)
• Towards another person
• Intent to cause
• Fear of violence/ to provoke violence (DPP v Ramos 2000)

Question 9

Intentional Harassment, Alarm or Distress -
Act, Section and Definition

Answer 9

Public Order Act 1986 s4a:
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,

thereby causing that or another person harassment, alarm or distress.

Question 10

Intentional Harassment, Alarm or Distress -
Points to Prove

Answer 10

• Threatening, abusive or insulting (Atkin v DPP 1989)
• Towards another person
• Tntent to cause
• And does cause (harassment/alarm/distress)

Question 11

Harassment, Alarm or Distress -
Act, Section and Definition

Answer 11

Public Order Act 1986 s5:
A person is guilty of an offence if he
(a)uses threatening or abusive words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening or abusive,

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Question 12

Harassment, Alarm or Distress -
Points to Prove

Answer 12

• Threatening/abusive words or behaviour, or disorderly conduct
• Within hearing/sight of a person likely to be caused (H/A/D)
• Aware of the likely effect