Public Order

Question 1

What is public order?

Answer 1

• Simply put ‘public order’ is essentially the absence of disorder
• One person’s exuberance on the street often constitutes an annoyance to another.

Question 2

What is the definition and meaning of Riot (Section 1, Public Order Act 1986)?

Answer 2

‘(1) 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 3

Sentencing for Riot charge

Answer 3

Triable on indictment only. The maximum penalty on conviction is 10 years’ imprisonment and/or a fine of unlimited amount.

Question 4

What is the definition and meaning of Violent Disorder (Section 2, Public Order Act 1986)?

Answer 4

‘(1) 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 5

Sentencing for Violent Disorder charge

Answer 5

Triable either way.
Maximum penalty on conviction on indictment is five years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is six months’ imprisonment and/or a fine.

Question 6

What is the definition and meaning of Affray (Section 3, Public Order Act 1986)?

Answer 6

‘(1) 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 7

Sentencing for Affray charge

Answer 7

Triable either way. The maximum penalty on conviction on indictment is 3 years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is 6 months’ imprisonment and/or a fine.

Question 8

What is the definition and meaning of Fear or provocation of violence (Section 4, Public Order Act 1986)?

Answer 8

‘(1)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.’

Question 9

Sentencing for Fear or provocation of violence charge

Answer 9

liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine or both

Question 10

What is the definition and meaning of Intentional harassment, alarm or distress (Section 4A, Public Order Act 1986)?

Answer 10

‘(1) 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 11

What are the 2 defences for Intentional harassment, alarm or distress?

Answer 11

That they were inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling

OR

That their conduct was reasonable

Question 12

Sentencing for Intentional harassment, alarm or distress charge

Answer 12

Liable on triable summary conviction to imprisonment for a term not exceeding 6 months or a fine or both.

Question 13

What is the definition and meaning of Harassment, alarm or distress (Section 5, Public Order Act 1986)?

Answer 13

‘(1) A person is guilty of an offence if he—
(a) uses threatening [F1or abusive] words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening [F1or abusive],
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.’

Question 14

What are the 3 defences for harassment, alarm or distress?

Answer 14

• That he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress.
• That he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling
• That his conduct was reasonable.

Question 15

Sentencing for harassment, alarm or distress charge

Answer 15

liable on summary conviction to a fine.

Question 16

What are the 3 key differences between Section 4, 4a and 5 offences?

Answer 16

• Are likely to cause fear of, or to provoke, immediate violence: section 4;
• Intentionally cause harassment, alarm or distress: section 4A; or.
• Are likely to cause harassment, alarm or distress (threatening or abusive words or behaviour only): section 5

Question 17

What is drunk and disorderly denied as?

In which act?

Answer 17

‘(1) Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding £1000’

Section 91 Criminal Justice Act 1967

Question 18

What is a breach of the peace?

Answer 18

When an act is done, or threatened to be done:
• which harms a person or, in his/her presence, his/her property; or
• which is likely to cause such harm; or
• which puts someone in fear of such harm.

Question 19

How does Section 33 Criminal Justice Act 1972 describe a public place?

Answer 19

“Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.

Question 20

How does Section 8 Public Order Act 1986 describe a dwelling?

Answer 20

‘ “dwelling” means any structure or part of a structure occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;’

Question 21

Can these offences be aggravated and if so, when can they be?

Answer 21

Yes , if;
• At the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or
• the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group