Public Order Flashcards
Which extract of legislation covers Riot?
Public Order Act 1986, Section 1
How is Riot triable?
On indictment, in Crown court
What is the penalty for Riot on indictment?
10 years’ imprisonment and/or fine
How many people need to be present AS A MINIUMUM for Riot?
12
What is the Actus Reus for Riot?
12 people or more gathered together use or threaten unlawful violence for a common purpose
What is the test for Riot?
Would the conduct of all 12 (or more) people taken together cause a person of reasonable firmness at the scene to fear for their personal safety?
Does a person of reasonable firmness need to be present at the scene of the offence for a legitimate charge to be made?
No - whilst witnesses may help prove the test, this is a hypothetical test and no member of the public need actually be present
Of the 12 or more people contributing to bringing a riot in effect, which of them may actually be charged with riot?
Those who have actually used unlawful violence for the common purpose
Do the 12 or more using/threatening violence have to do so simultaneously for a legitimate charge of riot?
No - the synchronicity is immaterial so long as as the actions are performed
Must the common purpose which the 12 or more are using violence for be explicitly apparent or relayed for a legitimate charge of riot?
No - it may be inferred from conduct
Where can Riot be committed?
In public or private
What MUST be obtained before a prosecution for Riot can take place?
Consent to prosecute from the Director of Public Prosecutions (DPP)
What must be evidenced in relation to defendants facing a charge of Riot?
That each has USED unlawful violence and not merely threatened it
Must at least 12 persons be able to be prosecuted for Riot for a charge to be made?
No - the 12 persons criteria applies to the need for this many at least to be using/threatening unlawful violence towards a common purposed. The prosecution applies only to those USING violence and can be a lesser number
What Mens Rea needs to be proven for a prosecution for Riot (2 points)
1) That the defendant intended to use/threaten violence
2) They were aware their conduct may have been violent
Must the common purpose be preplanned by the defendants for a charge of Riot?
No - this common purpose can arise spontaneously and need not have been preplanned
Must the common purpose of the defendant’s actions itself be unlawful for a charge of Riot?
No - it need not be unlawful i.e. the purpose could be to get into a rock concern etc.
What is the definition of “Unlawful violence” according to the Section 8, Public Order Act 1986 definition?
Violent conduct towards property as well as violent conduct towards persons (except in affray)
What is the one exception to the definition of Unlawful violence” according to that found in Section 8, Public Order Act 1986?
Cases of affray
What types of “Unlawful violence” are included within the Section 8, Public Order Act 1986 definition? restricted to conduct causing or intending to cause injury or damage?
- Conduct causing or intended to causes injury or damage (to persons/property)
- Any other violent conduct i.e. throwing a missile which does not hit the person)
Can the defence of self-defence apply to Riot?
Yes - only unlawful violence caused or intended is prohibited
Is a defence of intoxication available to the defendant for the purpose of all public order offences?
No - the defendant’s is taken to be aware of the same things they would have been aware of if not intoxicated
What must a defendant prove to be allowed a defence of “intoxication” for any public order offence?
Either that
- their intoxication was not self-induced
- that intoxication was SOLELY caused by substances taken in the course of medical treatment
What ways is intoxication legitimately understood to be caused in respect of all public order offence?
Either by
- drink
- drugs or other means
- a combination of these
Which extract of legislation covers Violent Disorder?
Public Order Act 1986, Section 2
How is Violent Disorder triable?
Either way, in Crown or Magistrates
What is the penalty for Violent Disorder on indictment?
5 years’ imprisonment and/or fine
What is the penalty for Violent Disorder summarily?
6 months’ imprisonment and/or fine
How many people need to be present AS A MINIMUM for a charge of Violent Disorder?
3
What is the Actus Reus for Violent Disorder?
3 or more people present together use or threaten unlawful violence
What is the test for Violent Disorder?
Would the conduct of all 3 (or more) people taken together cause a person of reasonable firmness at the scene to fear for their personal safety?
Must the 3 persons have a common purpose for a legitimate charge of Violent Disorder?
No - whilst they may have a common purpose, they need only be present together using/threatening violence
Of the 3 or more people contributing to bringing violent disorder about, which of them may actually be charged with riot?
Each of the persons using OR threatening unlawful violence
Do the 3 or more using/threatening violence have to do so simultaneously for a legitimate charge of Violent Disorder?
No - the synchronicity is immaterial so long as as the actions are performed
Does a person of reasonable firmness need to be present at the scene of the offence for a legitimate charge to be made?
No - whilst witnesses may help prove the test, this is a hypothetical test and no member of the public need actually be present
Where can Violent Disorder be committed?
In public or private
Must at least 3 persons be able to be prosecuted for Violent Disorder for a charge to be made?
No - the 3 persons criteria applies to the need for at least this many to be present using/threatening unlawful violence. It doesn’t require that 3 people be charged - this can be a lesser number
Where 3 or more people are charged with Violent Disorder and 1 or 2 are acquitted, must the third defendant also be acquitted?
No - the acquittal of one person on a charge of Violent Disorder does not necessitate the acquittal of all on the same charge SO LONG AS IT CAN BE PROVED there were three or more people using/threatening violence
If it cannot be proved that three or more people were present using/threatening violence, how should the court treat defendants?
The court should acquit all defendants
Must a common purpose be proven amongst defendants for a prosecution of Violent Disorder?
No - a common purpose need not be proved
What Mens Rea needs to be proven for a prosecution of Violent Disorder (2 points)
1) That the defendant intended to use/threaten violence
2) They were aware their conduct may have been violent
To what can “violence” apply in relation to Section 2, Violent Disorder?
Violence towards people and property
Which extract of legislation covers Affray?
Public Order Act 1986, Section 3
How is Section 3, Affray triable?
Triable either way
What is the penalty for Affray on indictment?
3 years’ imprisonment and/or fine
What is the penalty for Affray summarily?
6 months’ imprisonment and/or fine
When is a person guilty of affray (2 things)?
If he uses or threatens unlawful violence towards another AND
his conduct would cause a person of reasonable firmness to fear their personal safety
How is a charge of affray considered in court if 2 or more people use/threaten unlawful violence?
The conduct of all using/threatening violence is taken together and considered for affray (as opposed to considering individual roles)