Public order Flashcards
What is public order
The absence of disorder one persons exuberance on the street often constitutes an annoyance to another
what year was the public order act
1986
What is section 1
Riot
what is section 2
Violent disorder
what is section 3
Affray
what is the definition of a riot
12 more persons present together are used or threaten unlawful violence for a common purpose and that the conduct of them was such as the cause a person of reasonable firmness present at the scene to fear for his personal safety
violent disorder definition
Three or more persons present together used or threatened unlawful violence so that the conduct of them would cause a person of reasonable firmness present at the scene to fear for his or her personal safety
definition of affray
Unlawful violence toward another and his conduct is such that would cause a person of reasonable firmness present at the scene to fear for his personal safety
section 4
fear of, or to provoke, immediate violence
section 4A
uses towards another person threatening, abusive or insulting words or behaviour,
with intent to cause them to believe violence or to provoke violence.
section 5
uses threatening, abusive words of behaviour – any writing or sign or visible representation to cause Harassment alarm or distress.
Full definition of section 5
Threatening or abusive words or behaviour or disorderly behaviour in a public or private place but not when confined to a dwelling house with intention or awareness that behaviour may be disorderly or with intention or awareness such that behaviour may be threatening or abusive with the hearing or sight of a person likely to be caused harassment alarm or distress
Full definition of section 4A
Threatening abusive or insulting words or behaviour or disorderly behaviour in a public or private place but not when confined to a dwelling with intent to cause and thereby causing harass alarm or distress
full definition of section 4
Threatening abusive or insulting words or behaviour towards another person in a public or private place but not a dwelling either with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person or with intent to revoke 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 oh is likely that such violence will be provoked
what is a dwelling
Any structure or part of a structure occupied as a persons home was living accommodation includes tent caravan vehicle vessel or other temporary or movable structure
What is a public place?
Include any highway or other premises or place to which at the material time up to public have permitted to have access whether on payment or otherwise
what are defences to section 4
They’re inside of dwelling and had no other reason to believe that words of behaviour use order writing/sign or other visible representation displayed would be shared or seen by a person outside that or any other dwelling or their conduct was reasonable
does section 5 require intent
A person is guilty of section 5 only if he intends his words or behaviour or writing or sign to be threatening or abusive and is aware that it may be threatening or abusive
what is drunk and disorderly
Any person who is in any public place is guilty while drunk of disorderly behaviour shall be liable on summary conviction to a fine not exceeding £1000
breach of the peace
when an act is done or threatened to be done
which harms a person or, in his/her presence, his or her property; or
which is likely to cause harm or
which puts someone in fear of such harm
Power of arrest with breach of the peace
A breach of the peace is committed in his or her presence
The person effecting the arrest reasonably believes that such a breach will be committed in the immediate future by a person arrested or
A breach of the peace has been committed or the person affecting the rest reasonably believed that a breach of the peace has occurred and that a further breach is threatened
