Def check 3

Question 1

Section 1(1) Criminal Damage Act 1971

Answer 1

A person who without lawful EXCUSE DESTROYS or DAMAGES any PROPERTY belonging to another:

• INTENDING to DESTROY or DAMAGE any such property or
• Being RECKLESS as to whether any such property would be DESTROYED or DAMAGED.

Question 2

Bladed articles- Section 139 Criminal Justice Act 1988

Answer 2

It is an offence for a person to HAVE WITH HIM any article which has a BLADE or is SHARPLY POINTED, except a FOLDING POCKET KNIFE, in a PUBLIC PLACE without good reason or lawful authority, the onus of proof being on the carrier.

Question 3

Offensive Weapons Section 1- Prevention of Crime Act 1953

Answer 3

Any person without LAWFUL AUTHORITY or REASONABLE EXCUSE (proof of which shall lie on them). Has with them in any PUBLIC PLACE any OFFENSIVE WEAPON shall be guilty of an offence.

Question 4

Offensive Weapon (definition of)- Prevention of Crime Acr 1953

Answer 4

Any article MADE or ADAPTED for CAUSING INJURY or INTENDED by the person having it with them for such use by him or another person.

Question 5

Disorderly Conduct- Section 5 Public Order Act 1968

Answer 5

A person is guilty if he uses:

• THREATENING or ABUSIVE WORDS or BEHAVIOUR
• Or DISORDERLY BEHAVIOUR
• Or DISPLAYS any writing sign or other VISIBLE REPRESENTATION which is THREATENING or ABUSIVE
• Within the HEARING or SIGHT of any person
• Likely to be caused HARASSMENT ALARM or DISTRESS.

Question 6

Intentional Harassment, Alarm or Distress- Section 4A Public Order Act 1986

Answer 6

A person is guilty of an offence if
-WITH INTENT to cause a person harassment, alarm or distress, he uses
-THREATENING or ABUSIVE WORDS or BEHAVIOUR or DISORDERLY BEHAVIOUR
OR
-Displays any writing, sign or other VISIBLE REPRESENTATION which is threatening or abusive.
-Thereby CAUSING that or ANOTHER PERSON harassment, alarm or distress.

Question 7

Fear or Provocation of Violence (aka “Threatening Behaviour”) Section 4 Public Order Act 1986

Answer 7

A person is guilty of an offence if he uses towards another person

• Threatening abusive or insulting words or behaviour
• Or 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 PERSON.
• Or to provoke the IMMEDIATE USE OF UNLAWFUL VIOLENCE by that person or another
• Or whereby that person is LIKELY TO BELIEVE that such violence will be used.
• Or it is likely that such VIOLENCE will be PROVOKED.

Question 8

Affray- Section 3 Public Order Act 1986

Answer 8

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.