Lecture 18 Public Order Act 1986? Flashcards
What are the different sections of the public order act 1986?
Section 1- Riot
Section 2- Violent Disorder
Section 3- Affray
Section 4a- Intentional Harassment, alarm or distress (added in 1998 by the effect of the Crime and Disorder Act)
Section 4- Fear or Provocation of Violence
Section 5- Non- intentional harassment, alarm or distress
Breach of Peace (Common law)
A person of reasonable firmness?
It is hypothetical, reasonable bystander who must be put in fear for his safety, not the victim himself. This term is simply an objective test by which the court can judge the seriousness of the disturbance.
Where can public order offences take place?
In public or dwelling. But not from a dwelling to a dwelling. (Section 4, 4a and 5). No offence under these sections is committed if such conduct takes place inside a dwelling and the person to whom it is directed is inside that or another dwelling.
What is Section 8 of the Public Order Act 1986?
Definition of a Dwelling
Any structure or part of a structure occupied as a persons home or as other living accommodation but does not include any part not so occupied, and for this purpose ‘structure’ includes tent, caravan, vehicle, vessel or other temporary or moveable structure.
What is the definition of Section 1 Riot?
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 their personal safety, each of the persons using unlawful violence for the common purpose is guilty of Riot.
What is the definition of Section 2 Violent Disorder?
- 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
What is the offence of Section 2 Violent Disorder?
- Triable either way
- five years imprisonment/ Fine on indictment
- 6 months imprisonment/ Fine summarily
Definition of Section 3 Affray?
A person is guilty of Affray if he:
- Uses or threatens unlawful violence towards another person
AND - His conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
Further information on Affray:
- where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered
- a threat cannot be mad by words only
- no persons of reasonable firmness need actually be, or likely to be, present at the scene.
- applies to private and public places.
What is the offence of Section 3 Affray?
The offence of Affray is committed when someone of reasonable firmness would be caused to fear for their own personal safety
- triable either way: 3 years imprisonment on indictment or
- 6 months or Fine summarily
What is the definition of Section 4 Public Order Act 1986?
A person is guilty of an offence if he:
- Uses towards another person threatening, abusive, 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 by any 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 provoked
What is the offence of Section 4 Public Order Act 1986?
This offence is one where a person causes fear or provokes violence
Triable summarily: 6 months / Fine
Racially or religiously aggravated
Indictment: 2 years/ Fine
Summarily: 6 months/ Fine
Can you enter a premise under Section 17 of PACE to arrest for Section 4 Public Order Act 1986?
Yes
What is the definition of Section 4a Public Order Act?
A person is guilty of an offence if:
- with intent to cause a person Harassment, Alarm or distress,
- he uses threatening or abusive or insulting words or behaviour
OR - Disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting
- Thereby causing that or another person Harassment, Alarm or distress
What is the offence of Section 4a Public Order Act?
This is an offence of intentionally causing harassment, Alarm or distress.
Triable Summarily: 6 months/ Fine
Racially or religiously aggravated
Triable either way: 2 years/ Fine
What is the definition Section 5 Public Order Act
A person is guilty of an offence 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/ sight of a person likely to be caused Harassment, Alarm or distress thereby.
