Lecture 22 - Public order offences Flashcards
what is a public order offence
it is a common law offence where an act causes outrage of public decency
what does the public orders act 1986 state a riot is
it states that 12 people must be present acting for a common purpose. there must also be a use or threat of unlawful violence
what is the person of reasonable firmness test
its an objective test where it is asked had such a person been present and assuming that person to have been of reasonable firmness would that person have likely feared for their own safety even if they were not directly targeted
what is the mens rea for riots
intention to use violence/awareness conduct may be violent
what does section 2 of the public order act 1986 state violent disorder is
it has the same elements as a riot does however only 3 people are required and there is no need for a common purpose
what does section 3 of the public order act 1986 state affray is
a person is guilty of affray if he uses or threatens unlawful violence towards another. this needs only be one person and verbal threats and threats to property are not enough
what are the common elements of minor offences
threatening, abusive or insulting words or behaviour for section 4. threatening and abusive words or behaviour for section 5 and disorderly behaviour for sections 4a and 5
