Public Order Flashcards
Section 1 riot
Where 12 or more persons who are present together use or threatens unlawful violence 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.
Section 2 violent disorder
Where 3 or more persons who are present together use or threatens 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.
Section 3 affray
A person is guilty of affray is 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 4 intentional fear of provocation of violence
Uses towards another person threating, abusive or insulting words or behaviour
Or
Distributes or displays to another person any writing, sign or visible representation which is threating abuse or insulting
That person believes that immediate unlawful violence will be used against him or another person or
To provoke the immediate use of unlawful violence by that person or another
Whereby that person likely to believe such violence will be used or it is likely that such violence will be provoked.
Public or private but not in a dwelling.
Power of entry under PACE section 17
Section 4a intentional harassment alarm or distress (basically 5 with intent)
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 disorderly conduct
Uses threating or abusive words or behaviour
Or
Disorderly behaviour within the hearing or sight of a person
Or
Likely to be caused harassment, alarm, or distress
Displays any writing, sign or other visible representation which is threating or abusive in the sight of a person likely to be caused harassment, alarm, or distress.
Breach of the peace
Is committed whenever the harm is done or is likely to be done to a person or in his presence to his property or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.
A constable or any other person may arrest without warrant any person when:
a) BOP is committed in their presence
b) Person making arrest believes BOP will be committed in immediate future
c) BOP has been committed and it is reasonably believed that a renewal of it is threatened
S16 OAP 1961 – threats to kill
A person who without lawful excuse makes to another a threat, intending that the other would dear it would be carried out, to kill that other or a third person shall be guilty of an offence.
So this could also be in the future and not immediately.
Power to enter premises - Public Order
A police officer may enter and remain on any premises, public or private to deal with or prevent a BOP. The right of entry is not absolute, but it must be weight against the degree of disturbance which is threatened. An officer must not remain on private premises once the breach has finished (assuming it is not likely to occur.)
