Legislation - Violence And Public Order Flashcards
Breach of the peace
A breach of the peace is committed whenever harm is done, or is likely to be done to a person, or, in his presence to his property, or, whenever a person is in fear of being harmed through an assault, riot or other disturbance.
Power of entry into a private premises
Under common law, police have power of entry to private premises to prevent breaches of the peace and make arrests
Section 39 criminal justice act 1988: common Assault / battery
An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.
A battery is committed when a person intentionally or recklessly applies unlawful force to another.
Section 47 Offences against the person’s act 1861: Assault Occasioning Actual Bodily Harm (ABH)
A person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm.
Section 20 Offences against the persons Act 1861: unlawful wounding/inflicting Grievous Bodily Harm (GBH)
Whosoever shall unlawfully and maliciously wound another person or to inflict grievous bodily harm upon another person.
Section 18 Offences Against the Person Act 1861: Wounding/causing grievous bodily harm with intent.
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person.
Section 16 Offences against the person’s act 1861: Threats to kill
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person a third person shall be guilty of an offence.
Section 5 public order act 1986: Harassment, Alarm and Distress / Disorderly Conduct
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.
Section 4A public Order Act 1986: Intentional Harassment, Alarm or Distress.
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress 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 abusive or insulting, thereby causing that or another person harassment, alarm or distress.
Section 4 public Order Act 1986: Fear or Provocation of violence
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, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
Section 3 public order act 1986: Affray
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 or reasonable firmness present at the scene to fear for his personal safety.
Section 2 public order Act 1986: 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 person’s using or threatening unlawful violence is guilty of violent disorder.
Section 1 public order act 1986: 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 his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
Section 1 The prevention of crime act 1953: possession of an offensive weapon
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Section 139 criminal justice act 1988: possession of points and blades in a public place (or school premises)
Section 139 prohibits having an article with a blade or point, in a public place (including a folding pocket knife if the cutting edge is over 3 inches long)
Section 139A extends the geographical scope of the above offences to school premises.
