Public Order Flashcards
What is the definition of public order under the Public Order Act 1986?
Public order is characterised by disruptive behaviour which deprives others of the peace and quiet to which they are entitled to, therefore inclusion a wide range of scenarios.
What is Section 1 of the Public Order Act 1986, Riot?
Section 1, Riot, is a triable either way offence.
The definition is:
Where 12 or more people who are present together, use or threaten unlawful behaviour 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 their personal safety.
Each of the persons using unlawful violence for the common purpose is guilty of riot.
What is Section 2 of the Public Order Act 1986, Violent Disorder?
Section 2, Violent Disorder, is a triable either way offence.
The definition is:
Violent disorder is said to take place when 3 or more people, 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 their personal safety.
What is Section 3 of the Public Order Act 1986, Affray?
Section 3, affray, is a triable either way offence.
The definition is:
A person is guilty of affray if they use or threaten unlawful violence towards another person, and their conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety.
What is Section 5 of the Public Order Act 1986, Harassment, Alarm and Distress?
Section 5, Harassment, Alarm and Distress, is a summary only offence without powers of entry.
The definition is:
A person is guilty of an offence if they: Use threatening, abusive words or behaviour or disorderly behaviour OR Display any writing, sign or other visible representation which is threating or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress by such action.
Section 5 cannot be committed between dwelling to dwelling.
What is Section 4 of the Public Order Act 1986, Fear or Provocation of Violence?
Section 4, Fear or Provocation of Violence, is a summary only offence with powers of entry.
The definition is:
A person is guilty of an offence if they: Use 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 threating, abusive or insulting.
AND 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 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.
This cannot be committed in the same dwelling.
What is Section 4a of the Public Order Act 1986, Intentional Harassment, Alarm or Distress?
Section 4a, Intentional Harassment, Alarm or Distress, is a summary only offence.
The definition is:
A person is guilty of an offence if, intending to cause a person harassment, alarm or distress they either: use threatening, abusive or insulating words or behaviour or disorderly behaviour, OR Display any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
This cannot be committed between dwellings.
The difference between 4a and 5 is that this one includes intention (mens reas) to one person or multiple people.
What is the definition of Breach of the Peace?
Breach of the Peace is a summary only, common law offence.
The definition is:
There is a breach of the peace whenever and wherever harm is actually done or is likely to be done to a person, OR to a person’s property in that person’s presence OR a person is in fear of being harmed.
Breach of the peace can occur in a public place or private.
