Public Order

Question 1

Outline a Breach of the Peace.

Answer 1

“An act done or threatened to be done which…
…either harms a person or,
in his presence his property or,
is likely to cause such harm being done”

• Common Law - based around “common sense of the community”
• Not in itself a Criminal Offence BUT…
• Police (& any person) have a Power of Entry & Arrest*…

• ..*where there are reasonable grounds for believing that a BOP
> IS taking place or,
> is IMMINENT

Question 2

Define ‘Breach of the Peace’

Answer 2

“An act done or threatened to be done which…
…either harms a person or,
in his presence his property or,
is likely to cause such harm being done”

Question 3

There are 3 points within the BOP Power of Arrest, what are they?

Answer 3

1️⃣ A BOP is committed in their presence.
2️⃣ Believe a BOP WILL BE committed in the immediate future.*
3️⃣ A BOP HAS BEEN committed and it is reasonable to believe a renewal of it is threatened.*

(For 2️⃣ & 3️⃣ the threat MUST BE real & imminent, not if it is ‘likely’)

Question 4

Within the BOP Power of Arrest there are 4 “Criteria for Arrest” - what are they?

Answer 4

1️⃣ Must be clear circumstances, a real & present (imminent) threat to the peace.

2️⃣ The threat of BOP must come from the person to be arrested, their conduct must be “unreasonable”

3️⃣ The conduct must clearly interfere with the rights of others (for example shouting in the street vs shouting on the moors).

4️⃣ The natural outcome of the conduct would be violence, and that conduct may not be wholly unreasonable (following threats for example).

Question 5

When covering Breach of the Peace the Public Order Act 1986 provides a power of entry - but what are the conditions….?

Answer 5

i. “May enter and remain on any premises to deal with or prevent a BOP.
(This power is not absolute and must be weighed against the threat).

ii. “Must not remain on private premises once the breach has finished.
(Assuming it is not likely to re-occur)

Question 6

Attending a BOP we could consider 3 options regarding “Powers of Entry” - list them…

Answer 6

• Public Order Act 1986 “to deal with or prevent a BOP.
• PACE Section 17 “save life & limb and prevent damage to property.”
• The reporting person (or resident) could invite us in.

Question 7

Define Section 5 of the Public Order Act 1986.

Answer 7

A person is guilty if they…
Use threatening or abusive words or behaviour…
..or disorderly behaviour,
Within the hearing or sight of a person or,
Likely to cause H.A.D.

Note:
“Threatening” includes;
Verbal, Physical, Abusive, Degrading Language.
The magistrate will ascertain this on a case-by-case basis.

Question 8

What is meant by;
“Harass”
“Alarm”
“Distress”
Within the Public Order Act definitions..?

Answer 8

Harass; to annoy or trouble constantly.

Alarm; sudden fear, caused by danger.

Distress; means to cause mental pain or upset badly.

Question 9

State 3 defences under Section 5 POA.

Answer 9

1️⃣ “I believed nobody could see or hear”
2️⃣ “I was at home…”
3️⃣ “I thought my conduct was reasonable”*

(* I’d just hit my thumb with my hammer!)

Question 10

How is a “dwelling” defined in the 1986 Public Order Act ?

Exact wording required!

Answer 10

Dwelling; “any structure or part of a structure occupied as a persons home..
Or as other living accommodation (separate or shared)..
BUT does not include any part not occupied!

(‘Structure’ includes tent, caravan, vehicle, vessel!)

Question 11

Define an offence under Section 4a of the Public Order Act 1986.

(Word-for-word required!)

Answer 11

(4a = causing intentional HAD)

“A person with intent to cause HAD uses threatening, abusive or insulting words or behaviour,
or disorderly behaviour,
or displays any writing/sign which is threatening or insulting causing HAD”

Question 12

What are the key points FOR CONSIDERATION around Sec. 4(a) offences..?

(3 points)

Answer 12

1️⃣ The suspect INTENDS the conduct to be threatening/abusive/insulting & to cause HAD.

2️⃣ The conduct does not have to be aimed at one person.

3️⃣ At least one identifiable person must be HAD (There MUST be a victim).

Question 13

Define an offence under Section 4 of the Public Order Act 1986.

Answer 13

(Section 4: “fear of provocation of violence”)

A person is guilty if he…
“Uses towards another person threatening, abusive or insulting words or behaviour or..
..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..
whereby that person is likely to believe such violence will be used or provoked.

Question 14

Key points of an offence under Section 4 of the Public Order Act 1986.

Answer 14

The INTENT of the offender…
MUST BE;
• To cause the person fear of violence.

• To provoke immediate use of violence.
• Cause the person to believe violence is likely.

(Note; THINK…. “Intentionally causes fear of immediate violence”)

Question 15

Where can / can’t Section 4 offences be committed ..? 🤔

Answer 15

“Can be committed in PUBLIC or PRIVATE…. But NOT in a dwelling!!”

Public; anywhere the public has access via payment or not.

Private; factory, club, college - anywhere access is limited or restricted.

Question 16

What is the definition of an offence as outlined in Section 3 of the Public Order Act 1986?

(Word-for-Word!)

Answer 16

(“Affray”)

Guilty if he….
“Uses or threatens unlawful violence towards another and..
his conduct is such that it would cause a person of reasonable firmness present at the scene to fear for his personal safety.”

Question 17

An offence of AFFRAY under Sec. 3 POA requires 3 involvements…
What are the 3 parties required..?

Answer 17

1️⃣ The individual making the threats.
(This cannot be words alone! He must intend or threaten to use violence!)

2️⃣ A subject/recipient of the threats MUST be present!
(This does not include ‘property’)

3️⃣ At least one ‘bystander’ (person of reasonable firmness).
They don’t need to fear for their own safety!
(Example; an officer in full riot gear being bombarded by missiles).

Question 18

Section 2 of the 1986 Public Order Act covers “Violent Disorder” - define this…

Answer 18

Where 3 or more people who are present together use or threaten unlawful violence…
…& the conduct of them taken together is such that a person of reasonable firmness present at the scene would fear for their safety.

Question 19

Regarding “property” what is the key difference between Sections 2 & 3 of the POA 1986??

Answer 19

Section 3 (Affray) does not cover “property”
Section 2 (violent disorder) does.

Question 20

What are the key points of an offence under Section 1 of the POA 1986?

Answer 20

(“Riot”)

• 12 OR MORE people using or threatening unlawful VIOLENCE for a COMMON PURPOSE.
• The ‘common purpose’ may be inferred from their conduct/behaviour.
• The ‘person of reasonable firmness’ is mentioned within the section but they do not need to be present (hypothetical!)
• A “riot” may be committed in public or private (factory, college etc).