Public Order Flashcards
Section 1 public order act 1986- riot
Where 12 or more persons who are present together, use or threatens unlawful violence for common purpose and the conduct of them is such would cause a person of reasonable firmness present at the scene to fear for their personal safety
Section 16 offences against the person 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 shall be guilty of an offence
Section 2 public order act 1986- violent disorder
Where 3 or more persons who are present together use or threatens unlawful violence and the conduct of them is such would cause a person of reasonable firmness present at the scene to fear for their personal safety
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 of reasonable firmness present at the scene to fear for his personal safety
Section 4A public order 1986- causing intentional harassment, alarm or distress
A person is guilty of an offence if with intent to cause a person harassment alarm or distress he uses threatening 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
Section 5 Public order 1986- disorderly conduct
Use threatening or abusive words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment alarm or distress or displays any writing sign or other visible representation which is threatening or abusive in the sight of a person likely to be caused harassment alarm or distress
Section 4 public order 1986- intentional fear of provocation of violence
Uses toward another person
Threatening abusive or insulting words or behaviour or distributes or display to another person any writing sign or other visible representation which is threatening abusive or insulting them 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
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 whenever a person is in fear of being harmed though an assault affray riot or other disturbance
Power to enter premises
A police officer may enter and remain on any premises, public or private to deal with or to prevent a breach of the peace
The right of entry is not absolute but must be weighted against the degrees of disturbance which is threatened
An officer must not remain on private premises once the breach has finished
A constable or any other person may arrest without warrant any person when
A- BOP is committed in their presence
B- person making arrest believe BOP will be committed in immediate future
C- BOP has been committed and it is reasonably believed that a renewal of it is threatened
